Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 28

Notice of matters affecting validity of innovation patents

Person may give notice of invalidity of an innovation patent

             (1)  A person may notify the Commissioner that the person asserts, for reasons stated in the notice, that an innovation patent is invalid because the invention concerned does not comply with paragraph 18(1A)(b).

When notice may be given

             (2)  A notice may only be given to the Commissioner under subsection (1) in respect of an innovation patent within the prescribed period after an innovation patent has been granted.

How notice must be given

             (3)  Notice must be given in accordance with the regulations.

Commissioner must inform patentee of notice given

             (4)  If the Commissioner receives a notice in respect of an innovation patent, the Commissioner must inform the patentee, in writing, of any matter of which the Commissioner is notified and send the patentee a copy of any document accompanying the notice.

Commissioner to deal with notice in accordance with regulations

             (5)  The Commissioner must otherwise consider and deal with a notice in accordance with the regulations.



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