7.11.3 Extensions of Time - Reg 5.10 (as in force immediately before 15 April 2013)

Date Published

Key Legislation:

Patents Regulations:

Related Chapters:

Note: This information applies to oppositions commenced before 15 April 2013, provided the evidentiary period sought to be extended commenced before 15 April 2013. (An exception applies to Further Evidence filed under reg 5.10(4) for oppositions commenced before 15 April 2013, see 7.5.3.1 Further Evidence).​​​​​​​

Note: The regulations referred to in this section of the manual are those in force immediately before 15 April 2013.

Relevant Legislation

The Regulations (as in force immediately before 15 April 2013)

Chapter 5Opposition
Schedule 7Fees

 

Introduction

Regulation 5.10, as in force immediately before 15 April 2013, provides for extensions of time in opposition proceedings which are conducted in accordance with Chapter 5 as in force immediately before 15 April 2013.  

Extensions of time to take a step or to extend a prescribed period may be considered under reg 5.10(1), (2) or (3), as in force immediately before 15 April 2013.

Under reg 5.10(1), the Commissioner may extend certain periods prescribed in Chapter 5 following a directions hearing: such an extension can arise "on the application of a party".  Regulation 5.10(2) allows the parties in an opposition to apply for an extension of time to take a step prescribed in the opposition proceedings except the step of filing a notice of opposition and serving (or after 15 April 2013, filing) a statement of grounds and particulars.  Regulation 5.10(5)(c)(ii), requires the Commissioner to be reasonably satisfied that an extension "is appropriate in all the circumstances" before directing an extension under reg 5.10(1) or granting an extension under reg 5.10(2).

Regulation 5.10(3) allows the time for a party to take a step prescribed in Chapter 5 to be extended, when the applicant is given an opportunity to be heard in relation to amendments directed by the Commissioner.  The length of the extension is equal to the period from the day of the hearing or proposed hearing to the day when the decision is made as to whether the amendments are allowable.