Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 5.5

Dismissal of opposition

         (1)   An applicant may:

                (a)    within 1 month of being served with a copy of a statement by an opponent under paragraph 5.4 (a); or

               (b)    if the complete specification in relation to an opposed application is re‑examined under subsection 97 (1) of the Act -- within 1 month from the day when the re‑examination is completed under regulation 9.5;

request the Commissioner in the approved form to dismiss the opposition.

         (2)   As soon as practicable after a request is made, the Commissioner must inform the opponent of the request having been made.

         (3)   The Commissioner may dismiss the opposition whether or not the applicant has requested dismissal of the opposition.

         (4)   Without limiting subregulation (3), the Commissioner may dismiss the opposition:

                (a)    for an opposition under section 101M of the Act -- if the statement of grounds and particulars is not filed with the notice of opposition; or

               (b)    for another opposition -- if the statement of grounds and particulars is not served within the period prescribed in paragraph 5.4 (a).



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