General Comments

Date Published

Regulations 10.2(6) and 10.2(6A) provide that if the grant of a standard patent is opposed under sec 59, or a certified innovation patent is opposed under sec 101M, and the applicant or patentee requests leave to amend the patent request or complete specification, the Commissioner must:

  • provide a copy of the request and the statement of proposed amendments to the opponent as soon as practicable after the applicant or patentee has filed the request; and
  • invite the opponent to comment on the request and statement of proposed amendments.

The primary purpose of this provision is to facilitate resolution of the opposition proceedings. Thus, the applicant or patentee is provided with the opportunity to consider the views of the opponent on the proposed amendments and consequentially to rectify any deficiencies identified by the opponent.