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Subsection (1) also applies in the case where the original patent is set out in a certificate of supplementary protection and the original patent’s term referred to in section 44 or 45 has expired — or, if applicable, both that term and the additional term granted under section 46.1 have expired — except that in that case the issuance of the new patent, whose term or terms remain expired, is for the purpose of establishing the rights, privileges and liberties granted under the certificate.