Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 103

Consent of mortgagee or exclusive licensee needed

  (1)   Where a person is registered as the mortgagee or exclusive licensee of a patent, an amendment of the complete specification is not allowable unless the mortgagee or licensee has consented, in writing, to the amendment.

  (2)   If a mortgagee or licensee refuses to consent to a proposed amendment, the Commissioner may, on the application of the applicant or patentee, if satisfied on the balance of probabilities that the consent has been unreasonably refused, direct that the consent of the mortgagee or licensee is not necessary.

 



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