Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 60

             (1)  Where the grant of a standard patent is opposed, the Commissioner must decide the case in accordance with the regulations.

             (2)  The Commissioner must give the applicant and the opponent a reasonable opportunity to be heard before deciding a case.

             (3)  The Commissioner may, in deciding a case, take into account any ground on which the grant of a standard patent may be opposed, whether relied upon by the opponent or not.

             (4)  The applicant, and any opponent, may appeal to the Federal Court against a decision of the Commissioner under this section.