Document ID: chunk:federal_register_of_legislation:C2004C01328:clause:1_101g
Version: federal_register_of_legislation:C2004C01328
Segment Type: clause
Provision Reference: sch 1 cl 101G
Character Range: 33920–35248

101G  Re‑examination of complete specifications of innovation patents

 (1) Subject to subsections 101K(2) and (3) and the regulations, after an innovation patent has been certified, the Commissioner:
 (a) may, if the Commissioner decides to do so; and
 (b) must, if asked to do so, in writing, by the patentee or any other person;
re‑examine the complete specification relating to the patent.

 (2) If the Commissioner re‑examines an innovation patent under subsection (1):
 (a) the Commissioner must re‑examine the complete specification relating to the patent to determine if the patent is invalid and should be revoked because a ground set out in subsection (3) is made out; and
 (b) the Commissioner must report on the grounds set out in subsection (3).

 (3) The grounds for the revocation of the patent under subsection (2) are whether the invention, so far as claimed in any claim and when compared with the prior art base as it existed before the priority date of that claim:
 (a) is not novel; and
 (b) does not involve an innovative step.

 (4) There are no other grounds for the revocation of a patent under subsection (2).

 (5) For the purposes of subsection (3), the prior art base is to be taken not to include information made publicly available only through the doing of an act anywhere in the patent area.