Document ID: chunk:federal_register_of_legislation:C2024C00455:section:101f
Version: federal_register_of_legislation:C2024C00455
Segment Type: section
Provision Reference: s 101F
Character Range: 112583–113635

101F  Revocation of innovation patents following examination under section 101B
 (1) The Commissioner must revoke a patent if:
 (a) the patent has been examined under section 101B; and
 (b) section 101E does not apply to the patent; and
 (c) the patent has not ceased under section 143A.
 (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