Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Commissioner may refuse to grant a patent if the Commissioner:
(a) makes an adverse report on a re - examination of the relevant specification under subsection 97(1); and
(b) is satisfied, on the balance of probabilities, that there is a lawful ground of objection to the specification.
(2) The Commissioner cannot refuse to grant a patent under this section unless the Commissioner:
(a) has given the applicant a reasonable opportunity to be heard; and
(b) has, where appropriate, given the applicant a reasonable opportunity to amend the relevant specification for the purpose of removing any lawful ground of objection and the applicant has failed to do so.
(3) The applicant may appeal to the Federal Court against a decision of the Commissioner under this section.