Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsections 101K(2) and (3) and the regulations, after an innovation patent has been certified, the Commissioner:
(a) may, if the Commissioner decides to do so; and
(b) must, if asked to do so, in writing, by the patentee or any other person;
re - examine the complete specification relating to the patent.
(1A) The re - examination must be carried out in accordance with the regulations.
(2) If the Commissioner re - examines an innovation patent under subsection (1):
(a) 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
(b) the Commissioner must report on the grounds set out in subsection (3).
(3) The grounds for the revocation of the patent under subsection (2) are as follows:
(a) that the specification filed in respect of the complete application does not comply with subsection 40(2), (3) or (3A);
(b) that the invention, so far as claimed, does not comply with paragraph 18(1A)(a), (b) or (c);
(c) that the invention is not a patentable invention under subsection 18(2) or (3).
(4) There are no other grounds for the revocation of a patent under subsection (2).