Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p57
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 146473–149252

with the Act or these Regulations.
 (4) The Commissioner must notify the parties of the direction as soon as practicable.

5.23  Commissioner may consult documents
 (1) For the purposes of deciding an opposition, the Commissioner may consult a document that:
 (a) is relevant to the opposition; and
 (b) has not been filed under this Chapter; and
 (c) is available in the Patent Office.
 (2) If the Commissioner proposes to rely on the document, the Commissioner must give the parties:
 (a) notice of the Commissioner's intention to do so; and
 (b) a copy of, or access to, the document; and
 (c) an opportunity to give evidence or make representations about the document.

5.24  Representations to Commissioner—formal requirements
  A representation mentioned in a provision of this Chapter may be made to the Commissioner by any means approved by the Commissioner.

5.25  Extension of time for filing—amendment at Commissioner's direction
 (1) This regulation applies if:
 (a) the Commissioner directs an applicant to file a statement of proposed amendments under subsection 107(1) of the Act; and
 (b) a period for filing a document under this Chapter begins or ends during the amendment period.
 (2) The period for filing the document is extended by the equivalent of the amendment period.
 (3) In this regulation:
amendment period means the period that:
 (a) begins on the day the applicant is given an opportunity to be heard under subsection 107(2) of the Act; and
 (b) ends on the day the Commissioner decides whether to allow the amendment.

5.26  Withdrawal of opposition
 (1) An opponent may withdraw an opposition at any time by filing a notice of withdrawal in the approved form.
 (2) The Commissioner must give the applicant a copy of the notice of withdrawal as soon as practicable.

Chapter 6—Grant and term of patents

Part 1—Patents generally

6.1  Publication of notice of grant of standard patent
  If a standard patent is granted under section 61 of the Act, the Commissioner must publish a notice that the patent has been granted in the Official Journal.

6.1A  Prescribed particulars—grant of standard patent
  For subsection 61(1) of the Act, the following particulars are prescribed:
 (a) the date the patent is granted by the Commissioner;
 (b) any other particulars of the grant that the Commissioner considers appropriate.

6.2  Prescribed period: grant of standard patent
 (1) For the purposes of subsection 61(2) of the Act, the prescribed period is from 3 months after publication under paragraph 49(5)(b) of the Act of the notice of the acceptance of the request and complete specification to:
 (a) 6 months after that publication; or
 (b) such later day as:
 (i) in the case of proceedings before a court or the ART—the court or ART directs; or