Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who has done, is doing, or is intending to do an act may apply to a prescribed court for a declaration that the doing of the act does not, or would not, infringe a patent.
(2) An application may be made:
(a) for a declaration in relation to an invention claimed in a standard patent--at any time after the patent has been granted; and
(b) for a declaration in relation to an innovation patent--at any time after the patent has been certified; and
(c) whether or not the patentee has made any assertion to the effect that the doing of the act has or would infringe the claim.
(3) The patentee must be joined as a respondent in the proceedings.