Document ID: chunk:federal_register_of_legislation:C2004C01328:clause:1_101j
Version: federal_register_of_legislation:C2004C01328
Segment Type: clause
Provision Reference: sch 1 cl 101J
Character Range: 35777–37047

101J  Revocation of innovation patent following re‑examination

 (1) If the Commissioner makes an adverse report on a re‑examination under section 101G, the Commissioner may, by notice in writing, revoke the patent, either wholly or so far as it relates to a particular claim, as the case requires.

 (2) If the Commissioner revokes the patent:
 (a) the Commissioner must notify the patentee and the person who requested the examination (if that person is not the patentee) of the revocation; and
 (b) register the revocation of the patent.

 (3) The Commissioner must not revoke a patent under this section unless:
 (a) the Commissioner has given the patentee a reasonable opportunity to be heard; and
 (b) the Commissioner has considered the statement made by the patentee under section 101H (if any); and
 (c) the Commissioner has, if appropriate, given the patentee a reasonable opportunity to amend the relevant specification for the purpose of removing any ground for revocation and the patentee has failed to do so.

 (4) The Commissioner must not revoke a patent under this section while relevant proceedings in relation to that patent are pending.

 (5) The patentee may appeal to the Federal Court against a decision of the Commissioner under this section.