Patents Bill

  • enacted
87B Hearing and decision by Commissioner
  • If the grant of a patent is opposed, the Commissioner must—

    • (a) give the applicant and the opponent a reasonable opportunity to be heard before deciding a case; and

    • (b) consider whether any of the following grounds are established on the balance of probabilities:

      • (i) any ground set out in section 87A that is relied upon by the opponent:

      • (ii) any other ground set out in section 87A that the Commissioner has decided to take into account (whether relied upon by the opponent or not); and

    • (c) otherwise decide and deal with the case in the prescribed manner.