7.8.1.1 Setting of Hearing

Also in this Chapter:

• 7.8.1.2 Location and Options for Appearing
• 7.8.1.3 Hours of a Hearing
• 7.8.1.4 Hearing Fee
• 7.8.1.5 Who May Appear at a Hearing?
• 7.8.1.6 Relevant Court Actions Pending

Key Legislation:

Patents Regulations:

• reg 22.22 Exercise of discretionary powers by Commissioner
• reg 22.23 Written submissions and oral hearings

In this topic:

Written Submissions

Oral Hearings​​​​​​​

The Commissioner will decide whether a matter will be heard by way of written submissions or an oral hearing (reg 22.22(2)), taking into consideration the issues to be determined and any requests made by the relevant parties.  In general, substantive oppositions will be heard by means of an oral hearing and procedural oppositions by way of written submissions.

Written Submissions

Where a matter is to be heard by way of written submissions, the Commissioner will notify the person of the period in which the submissions must be filed, being at least 10 business days (reg 22.23(1)).

Oral Hearings

Where a matter is to be heard by way of an oral hearing, the Commissioner will ask the parties to indicate dates when they will be available.  Once a suitable date has been determined, the Commissioner will give notice of the date, time and place of the hearing at least 10 business days before the hearing is to begin (reg 22.23(2)).

Where necessary, the Commissioner may adjourn an oral hearing by notifying the parties (reg 22.23(3)).

Further information on oral hearings is provided in:

• 7.8.1.2 Location and Options for Appearing; and
• 7.8.1.5 Who May Appear at a Hearing?