Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 5.10

Conduct of proceedings to which this Chapter applies

         (1)   The Commissioner may, on his or her own motion or on the application of a party:

                (a)    give a direction that is not inconsistent with the Act or these regulations for the conduct of proceedings to which this Chapter applies; or

               (b)    determine that a period prescribed in this Chapter (except in regulation 5.3 or 5.3AA, paragraph 5.4 (a), subparagraph 5.8 (1) (a) (i) or regulation 5.9A) is to be extended by such further period as the Commissioner reasonably allows.

         (2)   The Commissioner may extend the time within which the party may take a step prescribed in this Chapter (not being a step that is taken under regulation 5.3 or 5.3AA, paragraph 5.4 (a), subparagraph 5.8 (1) (a) (i) or regulation 5.9A):

                (a)    on the application of a party in the approved form; and

               (b)    on such reasonable terms (if any) as the Commissioner specifies; and

                (c)    after the party has served a copy of the application on the other party.

         (3)   If section 107 of the Act applies to an opposed application, the time within which a party may take a step prescribed in this Chapter is extended by a period that is equal to the period from the day when the applicant is given an opportunity to be heard that is referred to in subsection 107 (2) of the Act to the end of the day when the decision is made under 107 (4) of the Act whether or not the amendment is allowed.

         (4)   The Commissioner may:

                (a)    on the application of a party; and

               (b)    on such reasonable terms (if any) as the Commissioner specifies;

permit the party to serve further evidence on the other party.

         (5)   The Commissioner must not give a direction under subregulation (1) or grant an application under subregulation (2) or (4) unless the Commissioner:

                (a)    if he or she proposes to grant an application by a party -- is reasonably satisfied that the other party has been notified of the application; and

               (b)    if he or she proposes to act on his or her own motion -- ensures that the parties are notified of the proposed action; and

                (c)    in either case:

                          (i)    gives the parties a reasonable opportunity to make representations concerning the application or proposed action; and

                         (ii)    is reasonably satisfied that a direction, an extension of time or the serving of further evidence is appropriate in all the circumstances.



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