IPA patent 7.8.6.5-revocation-of-decisions — IP Australia Patent Manual of Practice and Procedure – 7.8.6.5 Revocation of Decisions

Also in this Chapter: ​​​​​ 7.8.6.1 Written Decisions 7.8.6.2 Time for Issuing a Decision 7.8.6.3 Publication of Decisions 7.8.6.4 Rectification of Errors or Omissions in Decisions 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: if the decision does not reflect the decision maker’s intention (see 7.8.6.4 Rectification of Errors or Omissions in Decisions ); and if the decision was ultra vires because the Commissioner had no jurisdictional power to make the decision. See also Don’t Think Twice – Can Administrative Decision Makers Change Their Mind?