Document ID: chunk:federal_register_of_legislation:C2024C00455:section:101g
Version: federal_register_of_legislation:C2024C00455
Segment Type: section
Provision Reference: s 101G
Character Range: 113635–114954

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.
 (1A) The re‑examination must be carried out in accordance with the regulations.
 (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 as follows:
 (a) that the specification filed in respect of the complete application does not comply with subsection 40(2), (3) or (3A);
 (b) that the invention, so far as claimed, does not comply with paragraph 18(1A)(a), (b) or (c);
 (c) that the invention is not a patentable invention under subsection 18(2) or (3).
 (4) There are no other grounds for the revocation of a patent under subsection (2).