PATENTS REGULATIONS 1991 - REG 5.20 Hearing and decision--other circumstances

PATENTS REGULATIONS 1991 - REG 5.20

  (1)   This regulation applies to an opposition if:

  (a)   the periods for filing evidence have ended; and

  (b)   the notice of opposition has not been withdrawn under regulation   5.26; and

  (c)   the opposition has not been dismissed under Part   5.4 or heard and decided under regulation   5.19.

  (2)   The Commissioner:

  (a)   must hold a hearing of the opposition i f requested by a party in writing; or

  (b)   may decide, on the Commissioner's own initiative, to hold a hearing of the opposition.

  (3)   The hearing may, at the Commissioner's discretion, be:

  (a)   an oral hearing; or

  (b)   by written submissions.

  (4)   If the Commissioner decides on an oral hearing:

  (a)   the Commissioner must notify the parties o f the date, time and place of the hearing; and

  (b)   the opponent must file a summary of submissions at least 10 business days before the hearing; and

  (c)   the applicant must file a summary of submissions at least 5 business days before the hearing; and

  (d)   the Commissioner must give a copy of each party's summary of submissions to the other party as soon as practicable.

  (5)   The Commissioner must:

  (a)   decide the opposition; and

  (b)   notify the parties of the Commissioner's decision.

  (6)   The Commissioner, in making an award of costs in relation to an opposition under subregulation   22.8(2), may consider a failure by a party to file a summary of submissions under subregulation   (4).