Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 5.8

Time for giving of evidence

         (1)   If an opponent intends to rely on evidence in support of the opposition, the opponent must:

                (a)    serve on the applicant a copy of any evidence in support of the opposition:

                          (i)    for an opposition under section 101M of the Act -- at the same time as the opponent serves on the applicant the notice of opposition and the statement of grounds and particulars; or

                         (ii)    for another opposition -- within the period mentioned in subregulation (1A); and

               (b)    file the evidence in support of the opposition as soon as practicable after the copy of the evidence has been served on the applicant.

      (1A)   For subparagraph (1) (a) (ii), the period is within 3 months after the day when the opponent served on the applicant a copy of the statement mentioned in paragraph 5.4 (a).

         (2)   Subject to subregulation (3), if an applicant intends to rely on evidence in answer to the evidence in support of the opposition, the applicant must:

                (a)    serve on the opponent a copy of any evidence in answer to the evidence in support of the opposition within 3 months after being served with that evidence in support of the opposition; and

               (b)    file the evidence in answer as soon as practicable after the copy of the evidence has been served on the opponent.

         (3)   If an opponent has not served on an applicant a copy of evidence in support of the opposition and the applicant intends to rely on evidence in answer to the opposition, the applicant must:

                (a)    serve on the opponent a copy of any evidence in answer to the opposition within 3 months from:

                          (i)    for an opposition under section 101M of the Act -- the day the notice of opposition was served on the applicant; or

                         (ii)    for another opposition -- the end of the period that applies under subparagraph (1) (a) (ii); and

               (b)    file the evidence in answer as soon as practicable after the copy of the evidence has been served on the opponent.

         (4)   If an opponent intends to rely on evidence in reply to the evidence referred to in paragraph (2) (a) or (3) (a), the opponent must:

                (a)    within 1 month of being served with a copy of the evidence under paragraph (2) (a) or (3) (a), serve on the applicant:

                          (i)    a copy of the evidence in reply; or

                         (ii)    if the opponent does not serve on the applicant a copy of the evidence in reply -- a copy of a notice of intention to serve evidence in reply; and

               (b)    if the opponent serves on the applicant a copy of a notice of intention to serve evidence in reply -- serve on the applicant a copy of that evidence within 3 months of being served with a copy of the evidence under paragraph (2) (a) or (3) (a); and

                (c)    file the evidence in reply and any notice of intention as soon as practicable after the copy of the evidence in reply or notice has been served on the applicant.



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