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Date Published

Note: This information applies on and after 15 April 2013.  

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Timing and requirements for filing a notice of opposition

When a patent request and complete specification for a standard patent is accepted, a notice of acceptance is published in the Official Journal of Patents under section 49(5)(b).

To oppose grant of a standard patent under section 59, a person must file a notice of opposition with the Commissioner within 3 months from the day the notice of acceptance is published (reg 5.4).  The notice of opposition must be in the approved form (available on the IP Australia website) and be accompanied by the appropriate fee (see Schedule 7, item 216).

When a notice of opposition is filed, the opposition officer will acknowledge receipt to the opponent and applicant (the “parties”) and will give the applicant a copy of the notice as soon as practicable.  

Extending the time to file a notice of opposition

In some circumstances, a short extension of time to file a notice of opposition may be available under section 223 (see 3.11.1 Extensions of Time – section 223).  However, once a patent is granted, a notice of opposition to grant of a patent will be of no effect.

Amending a notice of opposition

Under regs 5.14 and 5.15, an opponent may request an amendment to the notice of opposition to correct a clerical error or obvious mistake, or to change the name of the opponent where the opponent’s right or interest in an opposition is transferred to another person.

For more information see 3.4.3 Amending opposition documents.  

Withdrawal of the opposition

An opponent may withdraw an opposition at any time, by filing a signed notice of withdrawal in the approved form. This can be achieved by a letter, filed by the appropriate agent, clearly stating the application number, the proceeding (e.g. opposition under s.59) and parties involved in the proceeding, and the party who is withdrawing their opposition.

For more information see 3.7.1 Withdrawal of an Opposition.

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