Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p54
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 138621–141534

documents as soon as practicable.

5.12  Practice and procedure
  The Commissioner may:
 (a) decide the practice and procedure to be followed in a procedural opposition; and
 (b) direct the parties accordingly.

Part 5.3—Amendments to opposition documents

5.13  Application of regulation 22.22
  Regulation 22.22 does not apply to an amendment made under this Part.

5.14  Notice of opposition—correction of errors or mistake
 (1) An opponent may request the Commissioner in writing to amend the opponent's notice of opposition to correct a clerical error or obvious mistake.
 (2) The Commissioner must give the parties an opportunity to make representations about the proposed amendment.
 (3) The Commissioner must, as soon as practicable:
 (a) notify the parties of the Commissioner's decision; and
 (b) if the Commissioner decides to make the amendment—give the applicant a copy of the amended notice of opposition.

5.15  Notice of opposition—change of opponent
 (1) This regulation applies if an opponent's right or interest in an opposition is transferred to another person (the new opponent) during an opposition.
 (2) The new opponent may:
 (a) tell the Commissioner that the right or interest in the opposition has been transferred to the new opponent; and
 (b) request the Commissioner in writing to amend the notice of opposition to record the new opponent's name.
 (3) The Commissioner must give the applicant, the opponent and the new opponent an opportunity to make representations about the amendment.
 (4) The Commissioner must:
 (a) as soon as practicable:
 (i) notify the parties of the Commissioner's decision; and
 (ii) if the Commissioner decides to make the amendment—give the applicant a copy of the amended notice of opposition; and
 (b) ensure that the opposition proceeds in the name of the new opponent.

5.16  Statement of grounds and particulars
 (1) An opponent may request the Commissioner in writing to amend the opponent's statement of grounds and particulars:
 (a) to correct an error or omission in the grounds of opposition; or
 (b) to update the grounds of opposition to reflect an amendment to the patent request or complete specification to which the statement relates; or
 (c) to amend the facts and circumstances forming the basis for the grounds.
 (2) The Commissioner must:
 (a) notify the applicant of the opponent's request; and
 (b) give the parties an opportunity to make representations about the amendment.
 (3) The Commissioner must not make the amendment if:
 (a) the Commissioner is considering an application for dismissal of the opposition under Part 5.4; or
 (b) for an opposition begun under subregulation 5.4(1):
 (i) the applicant's complete specification is being re‑examined; and
 (ii) the re‑examination is not completed as required by regulation 9.5.
 (4) The Commissioner must make the amendment if:
 (a) subregulation (3) does not apply; and
 (b)