Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p50
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 128616–131393

(d) or (e) in a form that does not contain information of the kind mentioned in those paragraphs then, unless the copy is covered by paragraph (7)(a) or (b), it is open for public inspection under paragraph (6)(b).
 (8) In this regulation:
priority date has the same meaning as in the PCT.

Chapter 5—Opposition

Part 5.1—Preliminary

5.1  What this Chapter is about
  This Chapter sets out requirements for the following:
 (a) the filing of notices of opposition and associated documents;
 (b) the amending of filed documents;
 (c) the dismissal of an opposition;
 (d) the hearing of an opposition;
 (e) associated matters.

5.2  Definitions

General
  In this Chapter:
applicant means:
 (a) for a section 101M opposition—the patentee of an innovation patent; or
 (b) for any other opposition—a person whose application or request under the Act or these Regulations is opposed by an opponent.
notice of opposition means a notice filed under regulation 5.4, 5.6 or 5.10.
opponent means:
 (a) for a section 101M opposition—a person who files a notice of opposition under regulation 5.6; or
 (b) for any other opposition—a person who files a notice of opposition under regulation 5.4 or 5.10.
party means an applicant or an opponent.
procedural opposition means an opposition begun by filing a notice of opposition under regulation 5.10.
section 101M opposition means an opposition under section 101M of the Act.
statement of grounds and particulars means a statement by an opponent that sets out:
 (a) the grounds on which the opponent intends to rely; and
 (b) the facts and circumstances forming the basis for the grounds.
substantive opposition means:
 (a) an opposition begun by filing a notice of opposition under regulation 5.4; or
 (b) a section 101M opposition.
Note: The following terms are defined in Schedule 1 to the Act:
(a) approved form;
(b) complete specification;
(c) file;
(d) patent request;
(e) patentee;
(f) re‑examination.

Part 5.2—Filing of opposition documents

Division 5.2.1—Substantive opposition

5.4  Notice of opposition—standard patent opposition
 (1) For section 59 of the Act, a person opposes the grant of a standard patent by filing a notice of opposition, in the approved form, within 3 months from the day the notice of acceptance is published under paragraph 49(5)(b) of the Act.
 (2) For subsection 75(1) of the Act, a person opposes the grant of an extension of the term of a standard patent by filing a notice of opposition, in the approved form, within 3 months from the day the notice of acceptance is published under paragraph 74(2)(b) of the Act.
 (3) The Commissioner must give an applicant in relation to a notice of opposition filed under subregulation (1) or (2) a copy of the notice of opposition as soon as practicable.

5.5