Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 5.8

Evidentiary periods

Evidence in support

  (1)   An opponent in a substantive opposition must file any evidence in support of the opposition:

  (a)   for a section   101M opposition--at the same time as the documents mentioned in subregulation   5.6(1); or

  (b)   for any other substantive opposition--within 3 months from the day the opponent files the statement of grounds and particulars under regulation   5.5.

Evidence in answer

  (2)   If the opponent files evidence in support of the opposition, the applicant must file any evidence in answer to the evidence in support within 3 months from the day the Commissioner:

  (a)   gives the applicant:

  (i)   all the evidence in support; or

  (ii)   if the opponent files the evidence in support in instalments--the final instalment of the evidence in support; and

  (b)   notifies the applicant that all the evidence in support has been filed.

  (3)   If the opponent does not file any evidence in support of the opposition, the applicant must file any evidence in answer to the statement of grounds and particulars within 3 months from the day the Commissioner notifies the applicant that no evidence in support was filed.

Evidence in reply

  (4)   If the applicant files evidence in answer under subregulation   (2) or (3), the opponent must file any evidence in reply to the evidence in answer within 2 months from the day the Commissioner:

  (a)   gives the opponent:

  (i)   all the evidence in answer; or

  (ii)   if the applicant files the evidence in answer in instalments--the final instalment of the evidence in answer; and

  (b)   notifies the opponent that all the evidence in answer has been filed.


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