Completion of Re-Examination in an Opposition Proceeding

Date Published

Regulation 9.5 defines when re-examination is "completed" in relation to re-examination under sec 97(1). In practice, this regulation is only relevant when re-examination occurs in the context of an opposition proceeding.

Where re-examination is "completed" according to reg 9.5, some or all of the issues raised in the re-examination report may remain outstanding. Completion will either result in a further re-examination action being instigated, or in the opposition re-commencing.  Patent Oppositions should be consulted before taking any further action.