Patents Act 1990

If the validity of an innovation 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 relating to the patent. If so directed, the Commissioner must re‑examine the specification accordingly.

If relevant proceedings in relation to an innovation patent are pending, the Commissioner must not re‑examine the complete specification relating to the patent.

If:

the Commissioner has started to re‑examine a complete specification relating to an innovation patent; and

relevant proceedings in relation to the patent are started;