Repeal the right of state courts to revoke a patent

At a glance

Policy ID: 20

Status: On hold

Priority: Low

Patents ACIP

Issue summary

In its review of enforcement of IP rights in 1999, the former Advisory Council on Intellectual Property (ACIP) considered that while the state and territory supreme courts could reasonably hear infringement matters, there were considerable problems with invalidity hearings due to the highly technical subject matter and the lack of specialist IP judges in the state and territory courts.

ACIP recommended that state and territory supreme courts should not be able to revoke a patent. The Government accepted the recommendation in July 2002.


IP Australia does not have sufficient evidence of a problem to justify action at this time. IP Australia is monitoring this issue, and would welcome any relevant evidence from stakeholders.

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