Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 106

  (1)   Where:

  (a)   a patent has been granted; and

  (b)   the Commissioner is satisfied, on the balance of probabilities, that the patent is invalid on grounds that could be removed by appropriate amendments of the specification following:

  (i)   in the case of a standard patent--re - examination of the patent; or

  (ii)   in the case of an innovation patent--examination of, re - examination of, or opposition to, the patent;

the Commissioner may, in accordance with the regulations, direct the patentee to file, within such time as the Commissioner allows, a statement of proposed amendments of the specification for the purpose of removing those grounds.

  (2)   The Commissioner must not give a direction without first giving the patentee a reasonable opportunity to be heard.

  (3)   A patentee may, in accordance with the regulations, amend a statement of amendments.

  (4)   If the Commissioner is satisfied, on the balance of probabilities, that the amendments set out in a statement (or an amended statement) are allowable and would, if made, remove the grounds on which the patent is invalid, the Commissioner must allow the amendments.

  (5)   On the allowance of an amendment, the amendment is to be taken to have been made.