IPA patent 7.3.1.3-time-for-filing-evidence-in-a-substantive-opposition — IP Australia Patent Manual of Practice and Procedure – 7.3.1.3 Time for Filing Evidence in a Substantive Opposition

Also in this Chapter: 7.3.1.1 Direction to Stay an Opposition Pending Another Action 7.3.1.2 Further and Better Particulars ​​​​​​​ 7.3.1.4 Time for Filing Evidence in a Procedural Opposition 7.3.1.5 General Conduct of Proceedings 7.3.1.6 Further Directions Key Legislation: reg 5.9 Extension of time for filing evidence reg 5.22 Commissioner may give directions Directions under reg 5.22 must not be inconsistent with the Regulations . The Regulations make provision for the extension of evidentiary periods in reg 5.9 . It would be inconsistent with the Regulations to provide for a de facto extension of time by a different means (especially considering that extensions under reg 5.9 are only available in limited circumstances). Consequently, extensions of time in substantive oppositions are not available by a direction. Where the Commissioner has made a direction to stay an opposition (see 7.3.1.1 Direction to Stay an Opposition Pending Another Action ), this provides the basis for an extension of time (because it is an exceptional circumstance).