7.11.2.1 Requesting an Extension of Time

Also in this Chapter:

• ​​​​​​​7.11.2.2 Application of the Law
• 7.11.2.3 Justification for the Extension
• 7.11.2.4 Discretionary Matters
• 7.11.2.5 Period of an Extension
• 7.11.2.6 A Hearing in Relation to an Extension
• 7.11.2.7 Parties Involved in Negotiations
• 7.11.2.8 Review of a Decision to Grant or Refuse an Extension
• 7.11.2.9 ＂Out of Time＂ Evidence

Key Legislation:

Patents Regulations:​​​​​​​

• reg 5.9 Extension of time for filing evidence
• Schedule 7 Fees

Note: This information applies to oppositions commenced on or after 15 April 2013, and oppositions commenced before 15 April 2013 provided an evidentiary period commenced on or after 15 April 2013.

The former reg 5.10 continues to apply to extend an evidentiary period that commenced before 15 April 2013. (See 7.11.3 Extensions of Time - Reg 5.10).

Timing and requirements for filing the application

An application for an extension of time may be made under reg 5.9 before or after the time sought to be extended has elapsed.  

The party must file the application, in writing, with the Commissioner. There is no requirement for the party to provide a copy to the other party.

Processing the request

Upon receipt of an application for an extension of time, the opposition officer will provide a copy of the application to the other party.  

Subsequently, the Commissioner will generally process the application as follows:

1. A delegate will consider whether the application contains sufficient justification for an extension.
2. If satisfied that the extension is justified, the parties will be advised and the other party will be asked if they wish to object.  If there is an objection, the matter will immediately be set for hearing.  In the absence of an objection, the extension will be granted.  
3. If the delegate is not satisfied that the extension is justified, they can either request further information or immediately set a hearing. The other party may appear at the hearing, subject to the payment of the appropriate fee (see Schedule 7, item 231 or 231A).