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3.4.1 The Notice of Opposition

Date Published

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

A number of actions by the Commissioner can be opposed by filing a notice of opposition in the approved form (available on the IP Australia website).  

Timing and requirements for filing a notice of opposition

The nature of the actions that can be opposed, and the timing and requirements for filing a notice of opposition to commence procedural and substantive oppositions can be found at 3.2 Opposition, Disputes and Other Proceedings – Procedural Summaries.  

When a notice of opposition is filed, the opposition officer will acknowledge receipt to the opponent and applicant 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.

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