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3.2.5.1 Commencing the Opposition - Filing a Notice of Opposition

Date Published

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


Timing and requirements for filing a notice of opposition

Regulation 5.10(2) sets out the requirements for the notice of opposition where a person seeks to oppose a request for an extension of time under section 223(2) or 223(2A).

In order to oppose the grant of an extension of time under section 223(6) of the Act, a person must file a notice of opposition with the Commissioner within 2 months from the day a notice of the request for an extension of time is published in the Official Journal of Patents under section 223(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).

The opposition officer will acknowledge receipt of the notice to the parties and give the applicant or patentee a copy of the notice as soon as practicable (reg 5.10(4)).  


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 an extension of time is granted, a notice of opposition 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 (available on the IP Australia website).

For more information see 3.7.1 Withdrawal of an Opposition.

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