Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) 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.
(2) If relevant proceedings in relation to an innovation patent are pending, the Commissioner must not re - examine the complete specification relating to the patent.
(3) If:
(a) the Commissioner has started to re - examine a complete specification relating to an innovation patent; and
(b) relevant proceedings in relation to the patent are started;
the Commissioner must not continue the re - examination.