Document ID: chunk:federal_register_of_legislation:C2004C01328:clause:1_101f
Version: federal_register_of_legislation:C2004C01328
Segment Type: clause
Provision Reference: sch 1 cl 101F
Character Range: 32782–33920

101F  Revocation of innovation patents following examination under section 101B

 (1) If:
 (a) the Commissioner considers that, after examining a patent under section 101B, a ground for the revocation of a patent has been made out and that the ground has not been removed; and
 (b) the patent has not ceased under section 143A;
the Commissioner must revoke the patent.

 (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 the Commissioner:
 (a) has given the patentee a reasonable opportunity to be heard; and
 (b) has, if appropriate, given the patentee a reasonable opportunity to amend the relevant specification for the purposes of removing a ground for the revocation of the patent and the patentee has failed to do so.

 (4) An appeal lies to the Federal Court against a decision of the Commissioner revoking a patent.

Part 2—Re‑examination of innovation patents