Patents Act 1990

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:

makes an adverse report on a re‑examination of the relevant specification under section 101G; and

is satisfied, on the balance of probabilities, that there is a ground of revocation of the patent.

If the Commissioner revokes the patent:

the Commissioner must notify the patentee and the person who requested the examination (if that person is not the patentee) of the revocation; and

register the revocation of the patent.

The Commissioner must not revoke a patent under this section unless:

the Commissioner has given the patentee a reasonable opportunity to be heard; and

the Commissioner has considered the statement made by the patentee under section 101H (if any); and

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.

The Commissioner must not revoke a patent under this section while relevant proceedings in relation to that patent are pending.

The patentee may appeal to the Federal Court against a decision of the Commissioner under this section.