PATENTS ACT 1990 - SECT 101 Revocation of patent--re - examination after grant
PATENTS ACT 1990 - SECT 101
Revocation of patent--re - examination after grant(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 subsection 97(2); and
(b) is satisfied, on the balance of probabilities, that there is a lawful ground of objection to the relevant specification.
(2) The Commissioner must not revoke a patent under this section unless the Commissioner:
(a) has given the patentee a reasonable opportunity to be heard; and
(b) has, where appropriate, given the patentee a reasonable opportunity to amend the relevant specification for the purpose of removing any lawful ground of objection and the patentee has failed to do so.
(3) The Commissioner must not revoke a patent under this section while relevant proceedings in relation to that patent are pending.
(4) The patentee may appeal to the Federal Court against a decision of the Commissioner under this section.