Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 167

Sale of products

  (1)   The right to exploit an invention under subsection   163(1) or 163A(1) includes the right to sell products made in exercise of that right.

  (2)   Where under subsection   163(1) or 163A(1) the sale of products is not an infringement of:

  (a)   a patent; or

  (b)   a nominated person's rights in the products;

the buyer, and any person claiming through the buyer, is entitled to deal with the products as if the relevant authority were the patentee or the nominated person.



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