107 Commissioner may revoke patent for improvement or modification and grant patent of addition


This section applies if—


an invention that is an improvement in, or modification of, another invention is the subject of an independent patent; and


the patentee of that patent is also the patentee of the patent for the main invention.


The Commissioner may, on the request of the patentee, by order revoke the patent for the improvement or modification and grant to the patentee a patent of addition for the improvement or modification.


A request under subsection (2) must be made in the prescribed manner (if any).


The patent of addition must have the same patent date as the patent date of the patent that is revoked.

Compare: 1953 No 64 s 34(2)