Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 101G

Re - examination of complete specifications of innovation patents

  (1)   Subject to subsections   101K(2) and (3) and the regulations, after an innovation patent has been certified, the Commissioner:

  (a)   may, if the Commissioner decides to do so; and

  (b)   must, if asked to do so, in writing, by the patentee or any other person;

re - examine the complete specification relating to the patent.

  (1A)   The re - examination must be carried out in accordance with the regulations.

  (2)   If the Commissioner re - examines an innovation patent under subsection   (1):

  (a)   the Commissioner must re - examine the complete specification relating to the patent to determine if the patent is invalid and should be revoked because a ground set out in subsection   (3) is made out; and

  (b)   the Commissioner must report on the grounds set out in subsection   (3).

  (3)   The grounds for the revocation of the patent under subsection   (2) are as follows:

  (a)   that the specification filed in respect of the complete application does not comply with subsection   40(2), (3) or (3A);

  (b)   that the invention, so far as claimed, does not comply with paragraph   18(1A)(a), (b) or (c);

  (c)   that the invention is not a patentable invention under subsection   18(2) or (3).

  (4)   There are no other grounds for the revocation of a patent under subsection   (2).


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