PATENTS ACT 1990 - SECT 50A Revocation of acceptance

PATENTS ACT 1990 - SECT 50A

  (1)   The Commissioner may revoke the acceptance of a patent request and complete specification relating to an application for a standard patent if the Commissioner is satisfied, on the balance of probabilities, that:

  (a)   a patent has not been granted on the application; and

  (b)   the request and specification should not have been accepted, taking account of all the circumstances that existed when the request and specification were accepted (whether or not the Commissioner knew then of their existence); and

  (c)   it is reasonable to revoke the acceptance, taking account of all the circumstances.

  (2)   If the Commissioner revokes the acceptance:

  (a)   the patent request and complete specification are taken to have never been accepted; and

  (b)   the Commissioner must continue to examine, and report on, the application under section   45; and

  (c)   sections   49 and 50 continue to apply in relation to the request and specification.