Patents Bill

  • enacted
105 Provisions concerning applications for revocation made to Commissioner
  • (1) The Commissioner may refuse any application to the Commissioner under section 104 that is frivolous or vexatious.

    (1) The Commissioner may refuse any application to the Commissioner under section 104 if the Commissioner considers that—

    • (a) the application is frivolous or vexatious; or

    • (b) all of the issues raised by the application are the same, or substantially the same, as the issues raised in a previous opposition or re-examination proceeding under subpart 9 or in a previous proceeding before the Commissioner or the court under this subpart.

    (1A) The Commissioner may, in considering an application under section 104, refuse to consider any issue that the Commissioner considers is the same, or substantially the same, as an issue raised in a previous opposition or re-examination proceeding under subpart 9 or in a previous proceeding before the Commissioner or the court under this subpart.

    (2) If a relevant proceeding in relation to a patent is pending in any court, an application to the Commissioner under section 104 may be made only with the leave of that court.

    (3) If an application is made to the Commissioner under section 104, the Commissioner must—

    • (a) notify the patentee; and

    • (b) give to the person who made the application and the patentee a reasonable opportunity to be heard before deciding the case (unless the application has been refused under subsection (1)).

    (3A) The Commissioner may, at any stage of a proceeding relating to an application made to the Commissioner under section 104, refer the application to the court.

    (4) If, on an application made to the Commissioner under section 104, the Commissioner is satisfied, on the balance of probabilities, that any of the grounds set out in section 106 are established, the Commissioner may by order direct that the patent is either—

    • (a) revoked unconditionally; or

    • (b) revoked unless the complete specification is amended to the Commissioner’s satisfaction within the time that is specified in the order.

    Compare: 1953 No 64 s 42(3)