Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 137

Revocation on surrender of patent

             (1)  A patentee may, at any time, by written notice to the Commissioner, offer to surrender the patent.

             (2)  The Commissioner must give notice of an offer in accordance with the regulations.

             (3)  After hearing all interested persons who notify the Commissioner in accordance with the regulations of their wish to be heard, the Commissioner may accept the offer and revoke the patent.

             (4)  Where relevant proceedings in relation to a patent are pending, the Commissioner must not accept an offer to surrender the patent without either the leave of the court or the consent of the parties to the proceedings.

             (5)  Where a licence ordered under Part 2 is in force in relation to a patent, the Commissioner must not accept an offer to surrender the patent.



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