IPA patent 7.8.4.4-bias-as-a-result-of-other-proceedings-involving-the-same-parties — IP Australia Patent Manual of Practice and Procedure – 7.8.4.4 Bias as a Result of Other Proceedings Involving the Same Parties

Also in this Chapter: ​​​​​ 7.8.4.1 Rules 7.8.4.2 Waiving of Objection of Bias by Standing by until Decision Issued 7.8.4.3 Bias as a Result of Contact with Parties Outside of Hearing 7.8.4.4 Bias as a Result of Other Proceedings Involving the Same Parties ​​​​​​​ Key Legislation: Patents Act: s104 Amendments by applicants and patentees The fact that a hearing officer has been involved in earlier proceedings in relation to the same matter, e.g. an extension of time or a s104 amendment, does not disqualify that person from hearing subsequent proceedings, such as the substantive opposition, because of an apprehension of bias (see Re J.R.L.; Ex Parte C.J.L ., 161 CLR 342 at 352). Where a party raises concerns that a hearing officer has previously decided some of the same matters in an earlier decision, the considerations set out in Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd (No 5) [2020] FCA 1243 will provide useful guidance.