IPA patent 7.7.2.1-requests-for-dismissal — IP Australia Patent Manual of Practice and Procedure – 7.7.2.1 Requests for Dismissal

Also in this Chapter: 7.7.2.2 Dismissal on the Initiative of the Commissioner 7.7.2.3 Reasons for Dismissal Key Legislation: Patents Act: s97 Re-examination of complete specifications Patents Regulations: reg 5.17 Dismissal on request reg 9.5 Completion of re-examination Related Chapters: 7.8 Hearings and Decisions In this topic: Time for requesting dismissal After re-examination In other circumstances The request Processing the request Withdrawal of a request for dismissal Time for requesting dismissal The relevant provision is reg 5.17(1) . After re-examination If the patent request and complete specification has been accepted but not granted and is being re-examined under section 97(1) , the applicant may request dismissal of the opposition within 1 month from the day that re-examination is completed within the meaning of reg 9.5 . In other circumstances In all other circumstances, an applicant or patentee may request dismissal of an opposition within 1 month from the day they are given a copy of the statement of grounds and particulars in an opposition. The request The request for dismissal of the opposition must be in writing from the relevant agent. The letter must clearly state the application number, the proceeding it relates (e.g. s59 opposition), the parties involved in the proceeding and the party who is withdrawing the opposition. A request for dismissal of an opposition should normally be in respect of the whole opposition, but the applicant may request dismissal of some grounds of opposition. Processing the request On receipt of a request for dismissal, the opposition officer will determine whether the request was filed in the time allowed, and if correctly filed, will give the opponent a copy as soon as practicable. The Commissioner may clarify the issues in the dismissal before setting the dismissal for hearing. For information on the hearing process, see 7.8 Hearings and Decisions . If the Commissioner decides to dismiss the opposition, the parties will be notified as soon as practicable. Withdrawal of a request for dismissal Although there is no explicit provision in the legislation, a request for dismissal of an opposition can be withdrawn.