Commonwealth Consolidated Regulations

PATENTS REGULATIONS 1991 - REG 5.15

  (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.