Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 10.6B

Revocation of grant of leave

             (1)  A grant of leave to amend a patent request, complete specification or other filed document under regulation 10.5 is revoked if:

                     (a)  leave to amend was granted at the same time as the acceptance of the patent request and complete specification under subsection 49(1) of the Act; and

                     (b)  acceptance of the patent request and complete specification is later revoked under section 50A of the Act.

             (2)  A grant of leave to amend a patent request, complete specification or other filed document under regulation 10.5 is revoked if:

                     (a)  leave to amend was granted at the same time as the decision mentioned in paragraph 101E(a) of the Act was made; and

                     (b)  the certificate of examination issued in relation to the patent is later revoked under subsection 101EA(1) of the Act.

             (3)  The Commissioner may revoke a grant of leave to amend a patent request, complete specification or other filed document under regulation 10.5 if the Commissioner is satisfied that:

                     (a)  leave to amend should not have been granted, taking into account all of the circumstances that existed when leave was granted (whether or not the Commissioner knew the circumstances existed); and

                     (b)  it is reasonable to revoke the grant and allowance of the amendment(if applicable), taking into account all of the circumstances; and

                     (c)  there are no relevant proceedings pending.

             (4)  If leave to amend a patent request, complete specification or other filed document under regulation 10.5 is revoked (whether automatically or by the Commissioner):

                     (a)  leave to amend is taken to never have been granted; and

                     (b)  if allowed under regulation 10.6, the amendment is taken not to have been allowed; and

                     (c)  the Commissioner must continue to examine and report on the amendment in accordance with subregulation 10.2(1); and

                     (d)  regulations 10.5 and 10.6 continue to apply in relation to the amendment.



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