IPA patent 7.2.4.1-commencing-the-opposition---filing-a-notice-of-opposition — IP Australia Patent Manual of Practice and Procedure – 7.2.4.1 Commencing the Opposition - Filing a Notice of Opposition

Also in this Chapter: 7.2.4.2 Filing the Statement of Grounds and Particulars 7.2.4.3 Evidence and Evidentiary Periods 7.2.4.4 Finalising the Opposition Key Legislation: Patents Act: s223 Extensions of time Patents Regulations: reg 5.10 Notice of opposition reg 5.14 Notice of opposition--correction of errors or mistake reg 5.15 Notice of opposition--change of opponent reg 10.5 Commissioner to grant leave to amend reg 23.36 Amendments made by Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No. 1) Schedule 7 Fees Related Chapters: 7.4.3 Amending Opposition Documents 7.7.1 Withdrawal of an Opposition 7.11.1 Extensions of Time - Section 223 Note: This information applies on or after 15 April 2013. On this Page Timing and requirements for filing a notice of opposition Amendment requests Extending the time to file a notice of opposition Amending a notice of opposition Withdrawal of the opposition Timing and requirements for filing a notice of opposition When leave is granted to amend a filed document after acceptance, in certain circumstances a notice of that fact is published in the Official Journal of Patents under reg 10.5(2) . Regulation 5.10(1) sets out the requirements for the notice of opposition where a person seeks to oppose allowance of an advertised amendment. Amendment requests To oppose an amendment request under reg 10.5(2) , a person must file a notice of opposition with the Commissioner within 2 months from the day a notice is published that leave has been granted for the amendment ( reg 5.10(1) ). Extending the time to file a notice of opposition In some circumstances, a short extension of time to file a notice of opposition may be available under section 223 (see 7.11.1 Extensions of Time - Section 223 ). However, a notice of opposition will be of no effect if it is filed after an amendment is allowed, or a patent granted in respect of the amended application. Amending a notice of opposition Under regs 5.14 and 5.15 , an opponent may request an amendment to the notice of opposition to correct a clerical error or obvious mistake, or to change the name of the opponent where the opponent’s right or interest in an opposition is transferred to another person. For more information see 7.4.3 Amending Opposition Documents . Withdrawal of the opposition An opponent may withdraw an opposition at any time, by filing a signed notice of withdrawal in the approved form (available on the IP Australia website). For more information see 7.7.1 Withdrawal of an Opposition .