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. Time for Filing Evidence in a Substantive Opposition

Date Published

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

Directions under reg 5.22 must not be inconsistent with the Regulations.  The Regulations make provision for the extension of evidentiary periods in reg 5.9.  It would be inconsistent with the Regulations to provide for a de facto extension of time by a different means (especially considering that extensions under reg 5.9 are only available in limited circumstances).  Consequently, extensions of time in substantive oppositions are not available by a direction.

Where the Commissioner has made a direction to stay an opposition (see Direction to Stay an Opposition Pending Another Action), this provides the basis for an extension of time (because it is an exceptional circumstance).

Amended Reasons

Amended Reason Date Amended
Back to top