Commonwealth Consolidated Regulations

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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)   the Commissioner is satisfied that the amendment should be made.

  (5)   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 statement.


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