Revocation of Decisions

Date Published

The Commissioner has no power to repeal, rescind, revoke or amend a decision, unless this is specifically provided for by the Patents Act (see Jiejing Pty Ltd v Commissioner of Patents and Ron Thomas and Allan Garnham (unreported decision by the AAT in relation to application 42052/89, issued 13 April 1995) and Ex parte Mole Engineering Pty Ltd (1981) 35 ALR 119).

Thus, the Commissioner generally has no power to change a decision once it has been made. However, there are two exceptions:

See also AGS Legal Briefing No. 67, Don’t Think Twice – Can Administrative Decision Makers Change Their Mind?