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Date Published

Also in this Chapter:

Key Legislation:

Patents Act:

  • s17 Directions to co-owners
  • s32 Disputes between applicants etc.
  • s224 Review of decisions

Patents Regulations:

  • reg 22.23 Written submissions and oral hearings

Note: This information applies to requests made before, on or after 15 April 2013.

The final step in the proceedings is a hearing into the matter, after which a decision is issued.  The function of a hearing is to enable the parties to fully present their views supported by reasons and evidence (as required), in order that the hearing officer is in a position to make a correct and just decision.  The procedure for hearing and decision for section 17 and section 32 matters is determined by the Commissioner in accordance with reg 22.24.

After any evidentiary periods are completed the dispute will be set for hearing by the Commissioner.  Once the hearing officer decides the matter, the parties will be notified of the decision.  


Nature of the hearing

The hearing may be held orally or by written submissions at the Commissioner’s discretion (reg 22.24).  

Oral hearings

Where the Commissioner decides on an oral hearing, under reg 22.23, the parties will be notified of the date, time and place of the hearing.  A party may appear in person, or by telephone, or other means of telecommunication that the Commissioner reasonably allows.

The procedure to be followed for written submissions in an oral hearing will be set by direction under reg 22.23(5), at the Commissioner’s discretion.

The Commissioner may direct the parties to file a summary of their submissions prior to the hearing. If a summary is required, and where both parties appear, the requestor will usually be directed to file their summary at least 10 business days before the hearing, and the respondent at least 5 business days before the hearing

On receipt of a summary of submissions, the opposition officer will give a copy of a party’s summary to the other party or parties as soon as practicable.

If only one party appear, and a summary of submissions is required, then the summary will usually be required to be filed at least 5 business days before the hearing.

Where applicable, if a party fails to file a summary of submissions within the time set by the direction, the hearing officer will consider this in making an award of costs in the matter.

For more information on the oral hearing process, see 7.8 Hearings and Decisions.

Hearings by written submissions

Where a matter is set for hearing by written submissions, under reg 22.23(1), the parties will be notified of the period in which the submissions must be filed.  The hearing officer will determine the matter after considering the written submissions.   

For more information on hearings by written submissions, see 7.8 Hearings and Decisions.



The decision

Once the matter is decided, the parties will be notified of the decision.  For further information on decisions see 7.8 Hearings and Decisions.

The decision will usually include an award of costs.  For further information see 7.9 Costs.



Appeal of a decision

An application for review of the hearing officer’s decision under section 17 or section 32 may be made to the Administrative Appeals Tribunal under section 224.


Amended Reasons

Amended Reason Date Amended
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