Patents Act 2013

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
95 Re-examination after patent is granted

(1)

If a patent has been granted, the Commissioner may, and must if requested to do so by any person, re-examine the patent application and the complete specification relating to the application.

(2)

A request under subsection (1) must—

(a)

specify 1 or more of the grounds set out in section 114 that the person wants the Commissioner to consider; and

(b)

be made in the prescribed manner (if any).

(3)

The Commissioner must re-examine a patent application and the complete specification relating to the application if the validity of a patent is disputed in any proceeding before the court under this Act and the court directs the Commissioner to conduct a re-examination.

Compare: Patents Act 1990 s 97 (Aust)