PATENTS ACT 1990 - SECT 60 Hearing and decision by Commissioner
PATENTS ACT 1990 - SECT 60
Hearing and decision by Commissioner(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.
(3A) If the Commissioner is satisfied, on the balance of probabilities, that a ground of opposition to the grant of the standard patent exists, the Commissioner may refuse the application.
(3B) The Commissioner must not refuse an application under this section unless the Commissioner has, where appropriate, given the applicant a reasonable opportunity to amend the relevant specification for the purpose of removing any ground of opposition and the applicant has failed to do so.
(4) The applicant, and any opponent, may appeal to the Federal Court against a decision of the Commissioner under this section.