Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 134

Revocation of patent after grant of compulsory licence under section 133

             (1)  Where a compulsory licence ordered under section 133 relating to a patent is granted, an interested person may apply to the Federal Court, after the end of the prescribed period, for an order revoking the patent.

             (2)  After hearing the application, the court may make the order if satisfied that:

                     (a)  both:

                              (i)  the reasonable requirements of the public with respect to the patented invention have not been satisfied; and

                             (ii)  the patentee has given no satisfactory reason for failing to exploit the patent; or

                     (b)  the patentee is contravening Part IV of the Competition and Consumer Act 2010 or an application law (as defined in section 150A of that Act) in connection with the patent.



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