Commonwealth Consolidated Regulations

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Conduct of examination

  (1)   If the Commissioner believes, on reasonable grounds, that there are lawful grounds for revocation of the innovation patent, the Commissioner must state the grounds for revocation in reporting on an examination.

  (2)   The patentee may contest a ground for revocation in writing or ask for leave to amend the complete specification in accordance with Chapter   10.

  (3)   If the patentee asks for leave to amend a complete specification in response to, or in anticipation of, a report under section   101B of the Act, the Commissioner must examine the specification and report as if each proposed amendment had been made.

  (4)   If the patentee contests a ground for revocation, the Commissioner must examine the specification and take note of the matters raised by the applicant.

  (5)   If the request for examination was made by a person other than the patentee, the Commissioner must send a copy of the report to the person who requested the examination.

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