Welcome to the new version of the Patents Manual. Please note there are changes to the numbering and sequence of the chapters and pages in the manual. You are encouraged to take the time to explore and familiarise yourself with this new structure. Commencing the Opposition - Filing a Notice of Opposition

Date Published

Key Legislation:

Patents Act:

  • s74 Acceptance or refusal of application
  • s75 Opposition to grant of extension
  • s223 Extensions of time

Patents Regulations:

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


Timing and requirements for filing a notice of opposition

When an application for an extension of term of a standard patent is accepted, a notice of acceptance is published in the Official Journal of Patents under section 74(2)(b).

To oppose the grant of an extension of term of a standard patent under section 75(1) of the Patents Act, a person must file a notice of opposition with the Commissioner within 3 months from the day the notice of acceptance is published.  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 of the notice to the opponent and the patentee (“the parties”) and will give the patentee a copy of the notice.  



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 7.11.1 Extensions of Time - Section 223).  However, once an extension of term is granted, a notice of opposition will have 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 7.4.3 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 s75) and parties involved in the proceeding, and the party who is withdrawing their opposition.

For more information see 7.7.1 Withdrawal of an Opposition.


Amended Reasons

Amended Reason Date Amended
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