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. Dismissal on the Initiative of the Commissioner

Date Published

Key Legislation:

Patents Regulations:

  • reg 5.5 Statement of grounds and particulars--standard patent opposition
  • reg 5.6 Notice of opposition and statement of grounds and particulars--section 101M opposition
  • reg 5.11 Statement of grounds and particulars
  • reg 5.18 Dismissal on initiative of Commissioner
  • reg 22.22 Exercise of discretionary powers by Commissioner

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

The Commissioner can dismiss an opposition at any time during the opposition on his or her own initiative, where it is appropriate to do so.

The relevant provisions are:

  • for oppositions commenced on or after 15 April 2013, reg 5.18;
  • for oppositions commenced before 15 April 2013, reg 5.5(3), as in force immediately before 15 April 2013.

The Commissioner has always had the power to dismiss an opposition where the opponent fails to file a statement of grounds and particulars.

For oppositions commenced on or after 15 April 2013, the Commissioner may dismiss an opposition where the opponent fails to file a document mentioned in the statement of grounds and particulars, in accordance with regs 5.5, 5.6 or 5.11).

In other circumstances, the Commissioner is likely to dismiss an opposition only where the basis for dismissal is readily apparent, and then only if the dismissal process would expedite determination of the opposition as a whole.  

In accordance with reg 22.22, before exercising the discretionary power to dismiss an opposition, the Commissioner will give the opponent the opportunity to be heard in relation to the intended dismissal (See 7.8 Hearings and Decisions).

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

Amended Reasons

Amended Reason Date Amended
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