Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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.