Explanatory Memorandum
(Circulated by authority of the Hon Mark Vaile MP, Minister for Trade)Schedule 8 - Patents
229. These items amend section 59 of the Patents Act to provide that the grant of a patent can be opposed on the ground that the invention is not a patentable invention. The effect of this amendment is to include the patentability requirements that an invention be useful and not secretly used, as grounds on which the grant of the patent can be opposed (or refused). This amendment will ensure that these criteria will continue to be grounds on which a patent can be revoked.
230. These items delete subsection 104(3) and paragraph 138(3)(c) of the Patents Act respectively. These provisions relate to patents that are subject to conditions. Patents are no longer granted subject to conditions and therefore this ground of revocation is no longer necessary.