Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PATENTS ACT 1990 - SECT 101EA

Revocation of certificate of examination

  (1)   The Commissioner may revoke a certificate of examination issued in relation to an innovation patent if the Commissioner is satisfied, on the balance of probabilities, that:

  (a)   the certificate of examination should not have been issued, taking account of all the circumstances that existed when the certificate was issued (whether or not the Commissioner knew then of their existence); and

  (b)   it is reasonable to revoke the certificate, taking account of all the circumstances; and

  (c)   there are no relevant proceedings pending.

  (2)   If the Commissioner revokes the certificate:

  (a)   all of the provisions of section   101E are taken, after revocation, to have never operated in relation to the patent; and

  (b)   the Commissioner must continue to examine and report on the patent under section   101B; and

  (c)   sections   101E and 101F continue to apply in relation to the patent.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback