Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 5.9

Amendment of statement

         (1)   Subject to subregulation (2), the Commissioner, on the written request of an opponent and subject to such terms as the Commissioner may specify:

                (a)    if the Commissioner reasonably believes that an amendment of a statement referred to in regulation 5.4 corrects an error or omission by the opponent or by his or her agent -- may amend the grounds of opposition set out in the statement; or

               (b)    if the Commissioner reasonably believes that an amendment of the grounds set out in a statement that is served and filed under regulation 5.4 results from an amendment of a patent request or complete specification -- must amend those grounds; or

                (c)    must amend particulars relating to a ground set out in a statement that is served and filed under regulation 5.4.

         (2)   The Commissioner must not allow an amendment requested under subregulation (1), if:

                (a)    an application for dismissal of opposition is being considered; or

               (b)    an application for determination of opposition is being considered; or

                (c)    in the case of opposition under section 59 of the Act -- a specification relating to the opposed application is being re‑examined; or

               (d)    he or she does not reasonably believe that the applicant has been notified of the proposed amendment.

         (3)   The Commissioner must give the parties an opportunity to make representations concerning the proposed amendment.

         (4)   If the Commissioner allows an amendment, he or she must give the applicant a copy of the statement as amended.



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