IPA patent 7.5-evidence — IP Australia Patent Manual of Practice and Procedure – 7.5 Evidence

Also in this Chapter: 7.1 Role and Powers of the Commissioner in Hearings 7.2 Oppositions, Disputes and other proceedings-Procedural summaries 7.3 Directions 7.4 Opposition Documents, Requirements and Amendments ​​​​​​​ 7.6 Production of Documents, Summonsing Witnesses 7.7 Withdrawal and Dismissal of Oppositions 7.8 Hearings and Decisions 7.9 Costs 7.10 The Register of Patents 7.11 Extensions of Time and Restoration of Priority 7.12 Extensions of Term of Standard Patents Relating to Pharmaceutical Substances 7.13 Orders for Inspection of non OPI Documents 7.14 Appeals ART, ADJR, The Courts 7.15 Computerised Decisions Sub-chapters: ​​​​​​​ 7.5.1 Presentation of Evidence 7.5.2 Admissibility of Evidence 7.5.3 Evidence Filed Out of Time Key Legislation​​​​​​​: Patents Act: s55 Documents open to public inspection s210 Commissioner’s powers s214 Filing of documents s214C Directions by Commissioner for filing of evidence Patents Regulations: reg 4.3 Prescribed documents: public inspection reg 22.12 Giving of oral evidence reg 22.13 Declarations reg 22.15 Requirements for filing documents reg 22.24 Practice and procedure other than for opposition proceedings Chapter 5 Opposition Related Chapters: 7.4.4 Filing Opposition Documents 7.11.2 Extensions of Time - Reg 5.9 On this Page Relevant Legislation The Act The Regulations General Confidential Evidence ​​​​​​​ The Act Section 55 Documents open to public inspection Section 210 Commissioner’s powers Section 214 Filing of documents Section 214C Directions by Commissioner for filing of evidence The Regulations Reg 4.3(2)(b) Prescribed documents: Public inspection Chapter 5 Opposition Reg 22.12 Giving of oral evidence Reg 22.13 Declarations Reg 22.15 Requirements for filing documents Reg 22.24 Practice and procedure other than for opposition proceedings General Note: Documents and evidence need only be filed with IP Australia by the approved means and the Commissioner is responsible for making a copy of the document available to the other party. There is no obligation to serve a document or evidence on another party. Chapter 5 of the Regulations provides for the filing of evidence in opposition proceedings. Evidence may also be filed in support of other proceedings as directed by the Commissioner under reg 22.24 or as otherwise provided by the Act and Regulations. The Commissioner is an administrative decision maker and is not restricted by the formalities which might be applicable to court actions, and strict evidentiary and other procedures are not applicable. Please note that: Information about when evidence must be filed is contained in 7.2 Oppositions, Disputes and Other Proceedings - Procedural Summaries . Evidence must be filed electronically by approved means. Information about how evidence (and other documents) is to be filed can be found at 7.4.4 Filing Opposition Documents . In certain circumstances, an extension of an evidentiary period can be granted. See 7.11.2 Extensions of Time - Reg 5.9 . Confidential Evidence Under section 55(2) documents filed in opposition proceedings, such as the evidence, are open to public inspection (OPI). In limited circumstances the Commissioner may however direct that a document not be OPI and may then allow inspection of the documents under specific conditions (see 7.13 Documents not OPI - Orders for Inspection ).