7.8.1.2 Location and Options for Appearing

Also in this Chapter:

• 7.8.1.1 Setting of Hearing
• ​​​​​​​7.8.1.3 Hours of a Hearing
• 7.8.1.4 Hearing Fee
• 7.8.1.5 Who May Appear at a Hearing?
• 7.8.1.6 Relevant Court Actions Pending

Key Legislation:

Patents Regulations:

• reg 22.23 Written submissions and oral hearings

In this topic:

Interstate Hearings

Time Limits for Filing Summary of Submissions​​​​​​​

Under reg 22.23(4), the Commissioner may hold an oral hearing in which:

• a party appears in person; or
• a party appears by telephone or other means of telecommunication that the Commissioner reasonably allows.

In general, hearings will be held in Canberra.  In this situation, a party may elect to:

• appear in person, by telephone or via video conference;
• not appear, but rely upon written submissions; or
• not appear, and make no written submissions.

Interstate Hearings

If the parties agree, a hearing may be held in Melbourne at the Melbourne Patent Examination Centre (MPEC), or in another capital city at an agreed location.  In this situation, the parties must agree to share the travel expenses of the hearing officer and agree that those expenses will not be claimable under an award of costs.

Time Limits for Filing Summary of Submissions

When appearing in person, by phone or via video conference;

• the opponent must file a summary of submissions at least 10 business days before the hearing.
• the applicant must file a summary of submissions at least 5 business days before the hearing.

Where a party elects not to appear and rely upon written submissions only, a summary of submissions must be filed as indicated above and any further submissions must be filed by close of business the day before the hearing.