Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 101J

Revocation of innovation patent following re - examination

  (1)   The Commissioner may, by notice in writing, revoke a patent, either wholly or so far as it relates to a particular claim, if the Commissioner:

  (a)   makes an adverse report on a re - examination of the relevant specification under section   101G; and

  (b)   is satisfied, on the balance of probabilities, that there is a ground of revocation of the patent.

  (2)   If the Commissioner revokes the patent:

  (a)   the Commissioner must notify the patentee and the person who requested the examination (if that person is not the patentee) of the revocation; and

  (b)   register the revocation of the patent.

  (3)   The Commissioner must not revoke a patent under this section unless:

  (a)   the Commissioner has given the patentee a reasonable opportunity to be heard; and

  (b)   the Commissioner has considered the statement made by the patentee under section   101H (if any); and

  (c)   the Commissioner has, if appropriate, given the patentee a reasonable opportunity to amend the relevant specification for the purpose of removing any ground for revocation and the patentee has failed to do so.

  (4)   The Commissioner must not revoke a patent under this section while relevant proceedings in relation to that patent are pending.

  (5)   The patentee may appeal to the Federal Court against a decision of the Commissioner under this section.


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