Document ID: chunk:federal_register_of_legislation:C2024C00455:section:101ea
Version: federal_register_of_legislation:C2024C00455
Segment Type: section
Provision Reference: s 101EA
Character Range: 111651–112583

101EA  Revocation of certificate of examination
 (1) The Commissioner may revoke a certificate of examination issued in relation to an innovation patent if the Commissioner is satisfied, on the balance of probabilities, that:
 (a) the certificate of examination should not have been issued, taking account of all the circumstances that existed when the certificate was issued (whether or not the Commissioner knew then of their existence); and
 (b) it is reasonable to revoke the certificate, taking account of all the circumstances; and
 (c) there are no relevant proceedings pending.
 (2) If the Commissioner revokes the certificate:
 (a) all of the provisions of section 101E are taken, after revocation, to have never operated in relation to the patent; and
 (b) the Commissioner must continue to examine and report on the patent under section 101B; and
 (c) sections 101E and 101F continue to apply in relation to the patent.