Section 101K. Relevant proceedings and re-examination
Current to 02 Sep 2010
Incorporating Amendments up to Act No. 96 of 2010.
| (1) If the validity of an innovation patent is disputed in any proceedings before a prescribed court under this Act, the court may direct the Commissioner to re-examine the complete specification relating to the patent. If so directed, the Commissioner must re-examine the specification accordingly. |
| (2) If relevant proceedings in relation to an innovation patent are pending, the Commissioner must not re-examine the complete specification relating to the patent. |
| (a) |
the Commissioner has started to re-examine a complete specification relating to an innovation patent; and |
| (b) |
relevant proceedings in relation to the patent are started; |
| the Commissioner must not continue the re-examination. |
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