Notification by Third Parties

Date Published

Under sec 28, any person may notify the Commissioner that an innovation patent is invalid because the claimed invention does not comply with sec 18(1A)(b). The procedure is essentially the same as that outlined for standard patents (see 2.13.11 Notices Under Section 27).  However, an exception to this is that the person giving notice has up until a decision is made by the Commissioner to certify an innovation patent to provide their notification.  Regulation 9A.5 requires that the information provided in the notice must be considered by the Commissioner if examination is carried out on the patent.