Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 97

Re - examination of complete specifications

  (1)   Subject to this section and the regulations, if:

  (a)   a request and complete specification relating to an application for a patent has been accepted; and

  (b)   the patent has not been granted;

the Commissioner may re - examine the complete specification.

  (2)   Subject to this section and the regulations, where a patent has been granted, the Commissioner may, and must if asked to do so by the patentee or any other person, re - examine the complete specification.

  (3)   Where the validity of a patent is disputed in any proceedings before a prescribed court under this Act, the court may direct the Commissioner to re - examine the complete specification and the Commissioner must re - examine the specification accordingly.

  (3A)   The re - examination must be carried out in accordance with the regulations.

  (4)   Where relevant proceedings in relation to a patent are pending, the Commissioner must not re - examine the complete specification relating to the patent under subsection   (2).

  (5)   Where:

  (a)   the Commissioner has started to re - examine a complete specification relating to a patent under subsection   (2); and

  (b)   relevant proceedings in relation to the patent are started;

the Commissioner must not continue the re - examination.


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