Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to a statement mentioned in regulation 5.4, a copy of which is served on an applicant before the end of the period ending 3 months after the commencement of Schedule 8 to the US Free Trade Agreement Implementation Act 2004 .
(2) Subject to subregulation (3), the Commissioner on the written request of an opponent must amend a statement to add:
(a) a ground that the invention is not a patentable invention because it does not comply with paragraph 18 (1) (c) or (d) of the Act; and
(b) the particulars relating to the ground.
(3) The Commissioner must not amend a statement under subregulation (2) unless the opponent has:
(a) filed a written request to amend the statement by the earlier of:
(i) the end of the period ending 3 months after the commencement of Schedule 8 to the US Free Trade Agreement Implementation Act 2004 ; and
(ii) the date on which a patent whose grant is being opposed, and to which the written request relates, is sealed under section 61 of the Act; and
(b) at the same time as the written request is filed:
(i) applied to the Commissioner in writing, under subregulation 5.10 (4), for permission to serve a copy of further evidence (if any) on which the opponent intends to rely in support of an additional ground mentioned in subparagraph (2) (a); or
(ii) given to the Commissioner a statement that the opponent does not intend to rely on any further evidence in relation to the additional ground.
(4) The Commissioner must give the applicant a copy of the statement as amended under subregulation (2).