File a Proceeding

• File a Proceeding
• Online application
• The proceeding process

File a Proceeding

If you wish to file a proceeding select Lodge Proceeding for the appropriate IP type in the Proceeding menu. Next you will have the option of selecting which type of proceeding you wish to file.

Types of proceedings:

• Patents
• Trade marks
• Designs
  
  

New proceedings are driven by the Proceeding menu, which can be found in the left hand side navigation bar when logged in.

The process for filing a proceeding is easy but you will need to upload relevant documentation, and in many cases, pay a fee.
 

Online application

You need to become a registered user of our online services to file a proceeding. If you need an igovt logon you can 'Register' to create one from our website. If you already have an igovt logon you won't need to create a new one, simply Log on and enter your username and password.

Once you have logged in you will be taken to your User Inbox. Select the Proceeding heading in the left side bar, choose the appropriate Lodge Proceeding option, enter the relevant information and click submit.

Reference: Enter your own internal reference for the proceeding.

Contact Details: When selecting your Identity, if you chose the option to lodge the proceeding ‘in my own right’ your own account details will be given as the Proceeding Applicant. You can change these details by selecting EDIT on the right side of the address.

If you choose the option acting ‘As an agent’ your account details will automatically populate the Agent and Case Contact fields. You will also need to search for the Proceedings Applicant that you are representing. For example, for oppositions you will need to search for and add the opponent to the main form.

If you do not already have authority to act for the applicant in the proceeding you will have the option to upload an Agent Authority.

Case Data: This is where you search for the IP case that you are lodging the proceeding against. You will be taken to our standard search screen where you can search for the IP case. Once you have found the IP case(s), select to add it to the main proceeding form.

Please note that our system automatically restricts your search results to IP cases which are relevant to the type of proceeding that you have selected. For example, if you are filing a trade mark opposition only ‘accepted’ trade marks will appear in the search results.

This is also where you upload your proceeding documentation. You can upload multiple documents if necessary. For example, if you are filing an opposition to grant of a patent you will need to select Add then upload your notice of opposition, and a statement of case or extension of Time request. Please note that it is your responsibility to ensure that the content of your documentation meets the requirements set out in the Act and Regulations for proceeding.

When you have completed the form press Submit. If there is fee you will be taken to our payment screen to pay the fee.

Proceeding Document: To complete lodging of a proceeding, you need to upload the relevant documentation that forms the basis of your proceeding for example, the Notice of Opposition. Select Add to upload your document. The content of your documentation will need to meet the requirements set out in the Act and Regulations for the type of proceeding you are lodging.

When you have completed lodging your proceeding, press Submit. If a fee is due you will be sent to our payment service to make a payment.

The proceeding process

Once a new proceeding is filed the Hearings Office manages the proceeding to advance it through the relevant stages and progress it to a hearing.

Whenever a response is required in the proceeding both parties will be notified through a Discussion in the system. However, only the party required to respond will be sent a Task with a deadline to file their relevant documentation and/or evidence.

To respond to the task you must:

• Open the relevant task from your inbox.
• Upload the documentation or evidence requested.
• If you wish to submit a different piece of documentation, such as an extension of time request, chose the appropriate heading from the drop down box and make the submission in the same way.

If a task deadline is missed:

• The task is withdrawn from your inbox.
• The Hearings Office will then administer the proceeding in accordance with the consequences of missing that deadline as set out in the relevant legislation.