Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to this section and the regulations, if:
(a) a request and complete specification relating to an application for a patent has been accepted; and
(b) the patent has not been granted;
the Commissioner may re - examine the complete specification.
(2) Subject to this section and the regulations, where a patent has been granted, the Commissioner may, and must if asked to do so by the patentee or any other person, re - examine the complete specification.
(3) Where the validity of a 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 and the Commissioner must re - examine the specification accordingly.
(3A) The re - examination must be carried out in accordance with the regulations.
(4) Where relevant proceedings in relation to a patent are pending, the Commissioner must not re - examine the complete specification relating to the patent under subsection (2).
(5) Where:
(a) the Commissioner has started to re - examine a complete specification relating to a patent under subsection (2); and
(b) relevant proceedings in relation to the patent are started;
the Commissioner must not continue the re - examination.