Commonwealth Consolidated Regulations

PATENTS REGULATIONS 1991 - REG 5.23

  (1)   For the purposes of deciding an opposition, the Commissioner may consult a document that:

  (a)   is relevant to the opposition; and

  (b)   has not been filed under this Chapter; and

  (c)   is available in the Patent Office.

  (2)   If the Commissioner proposes to rely on the document, the Commissioner must give the parties:

  (a)   notice of the Commissioner's intention to do so; and

  (b)   a copy of, or access to, the document; and

  (c)   an opportunity to give evidence or make representations about the document.