Statement of case

The notice of opposition should be accompanied by a statement of case, which must explain fully:

(i) the nature of the opponent’s interest in opposing the patent application. This interest must not be frivolous, vexatious, or blackmailing but should be both commercial and genuine;

(ii) the basis that the opponent relies on for the grounds identified in the notice of opposition; and

(iii) the relief that the opponent seeks e.g. costs.

The basis for the grounds of opposition must explain fully the grounds upon which the opponent is contesting the patent application. For example, for the ground of obtaining, the statement of case must set out in detail how, when and where the obtaining took place, and for the ground of prior publication the statement of case should specify how a prior document or documents prior publishes the patent application.

The notice of opposition and the statement of case should be filed in duplicate so that a copy can be sent to the applicant (regulation 48).

Once the notice of opposition is filed, the opponent can request an extension of time for filing the statement of case – see “Extensions of time”.

After the notice of opposition has been filed the Commissioner will inform the applicant that opposition proceedings have commenced.