Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p51
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 131160–133885

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  Statement of grounds and particulars—standard patent opposition
 (1) An opponent in a substantive opposition, other than a section 101M opposition, must file a statement of grounds and particulars within 3 months from the day the notice of opposition is filed.
 (2) The statement of grounds and particulars must be:
 (a) in the approved form; and
 (b) accompanied by a copy of each document mentioned in the statement, unless the document:
 (i) is open to public inspection; and
 (ii) relates to a provisional or complete application for a patent.
 (3) The Commissioner must give the applicant a copy of the statement and accompanying documents as soon as practicable.

5.6  Notice of opposition and statement of grounds and particulars—section 101M opposition
 (1) For section 101M of the Act, a person opposes an innovation patent that has been certified by filing the following documents:
 (a) a notice of opposition in the approved form;
 (b) a statement of grounds and particulars;
 (c) a copy of each document mentioned in the statement, unless the document:
 (i) is open to public inspection; and
 (ii) relates to a provisional or complete application for a patent.
 (2) The documents:
 (a) may be filed at any time after the certification of the patent; and
 (b) must be filed at the same time.
 (3) The Commissioner must give copies of the documents to the applicant as soon as practicable.

5.7  Filing of evidence
 (1) A party who intends to file evidence in a substantive opposition must:
 (a) file the evidence within the relevant evidentiary period mentioned in regulation 5.8; and
 (b) if the party files all the evidence before the end of the period—notify the Commissioner of that fact.
 (2) The Commissioner must give a copy of any evidence filed by a party under regulation 5.8 to the other party:
 (a) before the end of the period, if the Commissioner considers it appropriate to do so; or
 (b) as soon as practicable after the relevant evidentiary period ends.
 (3) The Commissioner must, as soon as practicable, notify:
 (a) the other party of a notification under paragraph (1)(b); or
 (b) if no notification is given under paragraph (1)(b)—the parties that:
 (i) all the evidence for the period has been filed; or
 (ii) no evidence was filed.

5.8  Evidentiary periods

Evidence in support
 (1) An opponent in a substantive opposition must file any evidence in support of the opposition:
 (a) for a section 101M opposition—at the same time as the documents mentioned