IPA patent 7.8.1-setting-down-hearings — IP Australia Patent Manual of Practice and Procedure – 7.8.1 Setting Down Hearings

Also in this Chapter: 7.8.2 Hearings Procedure 7.8.3 Ex Parte Hearings 7.8.4 Natural Justice and Bias 7.8.5 Principles of Conduct 7.8.6 Decisions 7.8.7 Further Hearings 7.8.8 Final Determinations 7.8.9 Quality 7.8.10 Appointment of Hearing Officers and Assistant Hearing Officers, Hearing Officer Standards Panel, Hearing Officer Delegations Sub-chapters: 7.8.1.1 Setting of Hearing 7.8.1.2 Location and Options for Appearing 7.8.1.3 Hours of a Hearing 7.8.1.4 Hearing Fee 7.8.1.5 Who May Appear at a Hearing? 7.8.1.6 Relevant Court Actions Pending ​​​​​​​ Key Legislation: Patents Act: s60 Hearing and decision by Commissioner s101N Hearing and decision by the Commissioner Patents Regulations: reg 5.20 Hearing and decision--other circumstances reg 22.22 Exercise of discretionary powers by Commissioner reg 22.23 Written submissions and oral hearings Note: In this topic: Relevant Legislation The Act The Regulations Overview ​​​​​​​ The Act Section 60 Hearing and decision by Commissioner Section 101N Hearing and decision by Commissioner The Regulations Regulation 5.20 Hearing and decision – other circumstances Regulation 22.22 Exercise of discretionary powers by the Commissioner Regulation 22.23 Written submissions and oral hearings Overview A hearing will be set down when: a person makes a justifiable request to be heard; a party to a matter 'objects' to a request by another party for the exercise of a discretionary power of the Commissioner; or the evidentiary stages of an opposition have been completed. Where there is more than one opponent, the practice of the Commissioner is to hear all the oppositions at the one hearing and issue one decision. In general, the Commissioner will proceed to set matters for hearing at the earliest reasonable date.