101JRevocation of innovation patent following re‑examination

101J Revocation of innovation patent following re‑examination

(1) The Commissioner may, by notice in writing, revoke a patent, either wholly or so far as it relates to a particular claim, if the Commissioner: (a) makes an adverse report on a re‑examination of the relevant specification under section 101G; and (b) is satisfied, on the balance of probabilities, that there is a ground of revocation of the patent. (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: (a) the Commissioner has given the patentee a reasonable opportunity to be heard; and (b) the Commissioner has considered the statement made by the patentee under section 101H (if any); and (c) the Commissioner has, if appropriate, given the patentee a reasonable opportunity to amend the relevant specification for the purpose of removing any ground for revocation and the patentee has failed to do so. (4) The Commissioner must not revoke a patent under this section while relevant proceedings in relation to that patent are pending. (5) The patentee may appeal to the Federal Court against a decision of the Commissioner under this section.