2.31.1.7 Opposition

Date Published

An innovation patent may be opposed under sec 101M at any time after certification.  For oppositions under different sections of the Act, e.g. sec 104 or sec 223, the usual time limits and procedures apply, notwithstanding that an innovation patent is involved.

When an opposition under sec 101M to an innovation patent is filed, it must be accompanied by a statement of grounds and particulars.  The time for filing the statement can only be extended under sec 223.  

Failure of the opponent to provide the statement of grounds and particulars with a notice of opposition is a ground for dismissal of the opposition by the Commissioner.