Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the patent for the main invention is revoked by a prescribed court, or by the Commissioner under section 101 or 137, the patent of addition becomes an independent patent unless otherwise ordered by:
(a) where the patent is revoked by a prescribed court--that court; or
(b) in any other case--the Commissioner.
(2) Where a patent of addition becomes an independent patent under this section, its term cannot be more than the unexpired part of the term of the patent for the main invention.