Patents Bill

  • enacted
92 Revocation of patent: re-examination after grant
  • (1) If the Commissioner makes an adverse report on a re-examination under section 89, the Commissioner may, by notice in writing, revoke the patent, either wholly or in so far as it relates to a particular claim (as the case may be).

    (1) If the Commissioner reports on a re-examination under section 89 that he or she is satisfied, on the balance of probabilities, that any of the relevant grounds are established, the Commissioner may, by notice in writing, revoke the patent, either wholly or in so far as it relates to a particular claim (as the case may be).

    (2) The Commissioner must not revoke a patent under this section unless the Commissioner has, if appropriate, given the patentee a reasonable opportunity to amend the relevant specification for the purpose of removing any lawful ground of objection in relation to section 13(b) (which relates to the requirement for the invention to be novel and involve an inventive step) and the patentee has failed to do so.

    (3) The Commissioner must not revoke a patent under this section—

    • (a) while a relevant proceeding in relation to that patent is pending; or

    • (b) before the Commissioner has made a decision on an application for revocation of the patent made under section 104 (if an application has been made to the Commissioner under that section).

    (4) Subpart 11 (which relates to the revocation and surrender of patents) does not limit this section.

    Compare: Patents Act 1990 s 101 (Aust)