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. Requests for Dismissal

Date Published

Key Legislation:

Patents Act:

  • ​​​​​​​s97 Re-examination of complete specifications  

Patents Regulations:

Note: This information applies to oppositions commenced before, on or after 15 April 2013, as specified.

Time for requesting dismissal

The relevant provisions are: for oppositions commenced on or after 15 April 2013, reg 5.17(1); for oppositions commenced before this date, reg 5.5(1), as in force immediately before 15 April 2013.

After re-examination

If the patent request and complete specification has been accepted but not granted and is being re-examined under section 97(1), the applicant may request dismissal of the opposition within 1 month from the day that re-examination is completed within the meaning of reg 9.5.

In other circumstances

In all other circumstances, an applicant or patentee may request dismissal of an opposition within 1 month from the day they are given (or before 15 April 2013, served with) a copy of the statement of grounds and particulars in an opposition.  

The request

The request for dismissal of the opposition must be in writing from the relevant agent.  The letter must clearly state the application number, the proceeding it relates (e.g. s59 opposition), the parties involved in the proceeding and the party who is withdrawing the opposition.

A request for dismissal of an opposition should normally be in respect of the whole opposition, but the applicant may request dismissal of some grounds of opposition.

Processing the request

On receipt of a request for dismissal, the opposition officer will determine whether the request was filed in the time allowed, and if correctly filed, will give the opponent a copy as soon as practicable.  

The Commissioner may clarify the issues in the dismissal before setting the dismissal for hearing.  (For information on the hearing process, see 7.8 Hearings and Decisions).

If the Commissioner decides to dismiss the opposition, the parties will be notified as soon as practicable.

Withdrawal of a request for dismissal

Although there is no explicit provision in the legislation, a request for dismissal of an opposition can be withdrawn.

Amended Reasons

Amended Reason Date Amended
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