Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 169

             (1)  Subject to subsection (4), a patentee who considers that the patented invention has been exploited under subsection 163(1) may apply to a prescribed court for a declaration to that effect.

             (2)  In proceedings under subsection (1):

                     (a)  the alleged relevant authority is the defendant; and

                     (b)  the alleged relevant authority may apply by way of counter-claim in the proceedings, for the revocation of the patent.

             (3)  The provisions of this Act relating to the revocation of patents apply, with the necessary changes, to a counter-claim.

             (4)  An application under subsection (1) in respect of an innovation patent cannot be made unless the patent has been certified.