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:

  • s223 Extensions of time

Patents Regulations:

  • reg 5.10 Notice of opposition
  • reg 5.14 Notice of opposition--correction of errors or mistake
  • reg 5.15 Notice of opposition--change of opponent
  • reg 22.21 Protection or compensation of certain persons
  • Schedule 7 Fees

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


Timing and requirements for filing a notice of opposition

Regulation 5.10(3) sets out the requirements for a notice of opposition where a relevant person seeks to oppose a request for a licence under reg 22.21(4).

Under reg 22.21(4) a relevant person opposes the grant of a licence by filing a notice of opposition, in the approved form, within 2 months from the day the Commissioner gives the person a copy of the application under reg 22.21(3).

The notice of opposition must be in the approved form 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 a copy to the applicant for a licence 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 7.11.1 Extensions of Time - Section 223).  However, once a licence 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 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 reg 22.21) 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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