SCHEDULES
SCHEDULE 1 Application of 1949 Act to existing patents and applications
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Notwithstanding anything in section 32(1)(j) of the 1949 Act (ground for revocation that patent was obtained on a false suggestion or representation), it shall not be a ground of revoking a patent under that subsection that the patent was obtained on a false suggestion or representation that a claim of the complete specification of the patent had a priority date earlier than the date of filing the application for the patent, but if it is shown—
a
on a petition under that section or an application under section 33 of that Act; or
b
by way of defence or on a counterclaim on an action for infringement;
that such a suggestion or representation was falsely made, the priority date of the claim shall be taken to be the date of filing the application for that patent.