Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 5.3

Filing of opposition (except under section 101M of the Act)

         (1)   The Minister or other person who intends to oppose the grant of a patent under section 59 of the Act must file a notice of opposition in the approved form within 3 months of publication in the Official Journal of the notice of acceptance under section 49 of the Act.

         (2)   The Minister or other person who intends to oppose the grant of an extension of the term of a standard patent under section 75 of the Act must file a notice of opposition in the approved form within 3 months of publication in the Official Journal of the notice of acceptance under section 74 of the Act.

         (3)   The Minister or other person who intends to oppose allowing an amendment under subsection 104 (4) of the Act must file a notice of opposition in the approved form within 3 months of publication in the Official Journal of a notice referred to in subregulation 10.5 (2).

         (4)   A person must not oppose the allowance of a proposed amendment of a complete specification, except on the grounds that the amendment is not allowable under section 102 of the Act.

         (5)   A person who intends to oppose the grant of an application for an extension of time under subsection 223 (6) of the Act must file a notice of opposition in the approved form within 1 month of the advertisement of the application in the Official Journal .

      (5A)   A person who intends to oppose a request for amendment of the Register or a patent under subregulation 10.7 (4) must file a notice of opposition in the approved form within 3 months of the publication in the Official Journal of the notice referred to in subregulation 10.7 (3).

         (6)   A person:

                (a)    on whom a copy of an application for a licence in accordance with subregulation 22.21 (3) has been served; and

               (b)    who intends to oppose the grant of the licence;

must file a notice of opposition to the grant of the licence in the approved form within 1 month from the day on which the copy was served on him or her.

         (7)   As soon as practicable after a notice of opposition is filed, the opponent must serve a copy of the notice on the applicant.



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