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PATENTS REGULATIONS 1991 - REG 5.17 Dismissal on request

PATENTS REGULATIONS 1991 - REG 5.17

Dismissal on request

  (1)   An applicant may request the Commissioner to dismiss an opposition:

  (a)   within one month from the day the Commissioner gives the applicant a copy of the statement of grounds and particulars under subregulation   5.5(3), 5.6(3) or 5.11(3); or

  (b)   if the applicant's complete specification is re - examined under subsection   97(1) of the Act--within one month from the day the re - examination is completed as required by regulation   9.5.

  (2)   The request must be in the approved form.

  (3)   The Commissioner must give the opponent a copy of the request as soon as practicable.

  (4)   If the Commissioner decides to dismiss the opposition, the Commissioner must, as soon as practicable, notify the parties of the decision.

Note:   For the requirements the Commissioner must satisfy when exercising a discretionary power adversely to a person, see regulation   22.22.

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