Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p53
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 136145–138911

the extension as soon as practicable.
 (5) In this regulation:
exceptional circumstances includes the following:
 (a) a circumstance beyond the control of a party that prevents the party from complying with a filing requirement under this Chapter;
 (b) an error or omission by the Commissioner that prevents a party from complying with a filing requirement under this Chapter;
 (c) an order of a court, or a direction by the Commissioner, that the opposition be stayed pending the completion of a related proceeding or action under the Act.

Division 5.2.2—Procedural opposition

5.10  Notice of opposition

Leave to amend filed document
 (1) For subsection 104(4) of the Act, a person opposes a request for leave to amend a filed document by filing a notice of opposition, in the approved form, within 2 months from the day the notice of the granting of leave to amend is published under subregulation 10.5(2).
Note: For the grounds on which an amendment may be opposed, see regulation 5.21.

Extension of time to do relevant act
 (2) For subsection 223(6) of the Act, a person opposes the grant of an application for an extension of time to do a relevant act by filing a notice of opposition, in the approved form, within 2 months from the day the advertisement of the extension application is advertised under subsection 223(4) of the Act.

Application for grant of licence
 (3) For subregulation 22.21(4), a person opposes the grant of a licence by filing a notice of opposition, in the approved form, within 2 months from the day the Commissioner gives the person a copy of the application under subregulation 22.21(3).

Commissioner to give copy of notice to applicant
 (4) The Commissioner must give an applicant in relation to subregulation (1), (2) or (3) a copy of the notice of opposition as soon as practicable.

5.11  Statement of grounds and particulars
 (1) An opponent in a procedural opposition must file a statement of grounds and particulars within one month from the day the notice of opposition is filed under regulation 5.10.
 (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 of grounds and particulars, 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 of grounds and particulars and accompanying 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