Patents Act 1990

Subject to subsections 101K(2) and (3) and the regulations, after an innovation patent has been certified, the Commissioner:

may, if the Commissioner decides to do so; and

must, if asked to do so, in writing, by the patentee or any other person;

The re‑examination must be carried out in accordance with the regulations.

If the Commissioner re‑examines an innovation patent under subsection (1):

the Commissioner must re‑examine the complete specification relating to the patent to determine if the patent is invalid and should be revoked because a ground set out in subsection (3) is made out; and

the Commissioner must report on the grounds set out in subsection (3).

The grounds for the revocation of the patent under subsection (2) are as follows:

that the specification filed in respect of the complete application does not comply with subsection 40(2), (3) or (3A);

that the invention, so far as claimed, does not comply with paragraph 18(1A)(a), (b) or (c);

that the invention is not a patentable invention under subsection 18(2) or (3).

There are no other grounds for the revocation of a patent under subsection (2).