Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 100A

             (1)  Where the Commissioner makes an adverse report on a re-examination under subsection 97(1), the Commissioner may refuse to grant the patent (see subsection 61(1)).

             (2)  The Commissioner cannot refuse to grant a patent under this section unless the Commissioner:

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

                     (b)  has, where appropriate, given the applicant a reasonable opportunity to amend the relevant specification for the purpose of removing any lawful ground of objection and the applicant has failed to do so.

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