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IPA patent 7.11.2.9--out-of-time--evidence
IPA patent 7.11.2.9--out-of-time--evidence — IP Australia Patent Manual of Practice and Procedure – 7.11.2.9 "Out of Time" Evidence
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Also in this Chapter:
7.11.2.1 Requesting an Extension of Time
7.11.2.2 Application of the Law
7.11.2.3 Justification for the Extension
7.11.2.4 Discretionary Matters
7.11.2.5 Period of an Extension
7.11.2.6 A Hearing in Relation to an Extension
7.11.2.7 Parties Involved in Negotiations
7.11.2.8 Review of a Decision to Grant or Refuse an Extension
Sometimes evidence is filed while an extension of time is pending. If the extension of time is granted, the evidence will have been filed in time and is part of the evidence in the opposition.
If the extension of time is not granted, the "out of time" evidence has not been properly filed, and consequently is not part of the opposition. The Commissioner may consider the material under reg 5.23.
