Document ID: chunk:federal_register_of_legislation:C2024C00455:section:136n
Version: federal_register_of_legislation:C2024C00455
Segment Type: section
Provision Reference: s 136N
Character Range: 176466–177344

136N  Simplified outline of this Part

      A patentee may offer to surrender a patent by giving the Commissioner written notice.
      The Commissioner may accept the offer of surrender, and revoke the patent, after hearing all interested parties. If court proceedings are pending in relation to the patent, leave of the court, or the consent of the parties, is required. The Commissioner must not accept the offer if a compulsory licence ordered under Part 2 is in force in relation to the patent.
      In addition, a court may revoke a patent on the following grounds:
             (a) the patentee is not entitled to the patent;
             (b) the invention is not a patentable invention;
             (c) the patent was (broadly speaking) improperly obtained;
             (d) the patent was (broadly speaking) obtained on the basis of a non‑compliant specification.