2.22.8.1 Decision by the Commissioner

Date Published

In the case of re-examination of an application under sec 97(1), where an adverse report has been made, the Commissioner may refuse to grant the patent on the application (sec 100A).  The Commissioner must not refuse to grant the patent unless the Commissioner:

  • has given the applicant a reasonable opportunity to be heard; and

  • has, where appropriate, given the applicant a reasonable opportunity to amend the relevant specification for the purpose of removing any lawful ground of objection and the applicant has failed to do so (note also sec 107).