Document ID: chunk:federal_register_of_legislation:C2024C00455:section:28
Version: federal_register_of_legislation:C2024C00455
Segment Type: section
Provision Reference: s 28
Character Range: 40374–41757

28  Notice of matters affecting validity of innovation patents

Person may give notice of invalidity of an innovation patent
 (1) A person may notify the Commissioner that the person asserts, for reasons stated in the notice, that an innovation patent is invalid because the invention concerned does not comply with paragraph 18(1A)(b).

When notice may be given
 (2) A notice may only be given to the Commissioner under subsection (1) in respect of an innovation patent within the prescribed period after an innovation patent has been granted.

How notice must be given
 (3) Notice must be given in accordance with the regulations.

Commissioner must notify patentee of notice given
 (4) The Commissioner must:
 (a) notify the patentee of any matter of which the Commissioner is notified under subsection (1); and
 (b) give the patentee a copy of any document accompanying the notice under subsection (1).
 (4A) Without limiting paragraph (4)(b), the Commissioner may give the copy by:
 (a) making the copy available to the patentee in an electronic form; and
 (b) notifying the patentee that the copy is available.

Commissioner to deal with notice in accordance with regulations
 (5) The Commissioner must otherwise consider and deal with a notice in accordance with the regulations.

Chapter 3—From application to acceptance

Part 1—Patent applications

Division 1—Applications