Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.