Opposing a trade mark accepted for registration
eDossier is a functionality within AusPat which provides electronic access to a suite of documents relating to the prosecution of patent applications dating back to 2006 and which are open to public inspection (OPI). You can access:
- requests for examination
- examination reports
- responses to examination reports
- amendments and search results
- data relating to oppositions, ownership and re-exam
AusPat Notification Service
With the addition of the eDossier enhancement to AusPat you can now subscribe to receive email notifications on applications of interest to you. The notifications will provide you with early advice on when an application has had documentation added to it.
You can subscribe to the notification service or subscribe from an application on eDossier if it is of interest to you.
Public Submissions (sections 27 and 28)
Under sections 27 and 28 of the Patents Act 1990 you can provide to the Commissioner of Patents information showing that an invention is not new (novel) or does not involve an inventive (or innovative) step.
You can make a submission via the "Submission of Relevant Material (S27, S28)" link on the Application Details page of the relevant patent application in eDossier. This will generate an email so that you can begin your submission and also provide further information to assist you in making your submission. You will need to provide:
- Your name
- Your mailing address (we will send you confirmation that your submission has been received and validated.)
- Reasons why you think the invention is not novel or does not involve an inventive step.
- Copies of any supporting documents, such as magazines or journal articles, which show the invention in existence before the application's earliest filing date. It is not necessary to forward copies of patent specifications. For documents not in English, a copy of a translation and a certificate verifying the translation must be supplied. All attachments should be in Adobe PDF format if possible.
- Do not attach documents that are subject to copyright, unless you own the copyright or have permission from the copyright owner. Instead you can send a URL link or provide reference or citation to the document.
- Please also provide evidence of the date and place of publication of any supporting document (if this is not apparent from the document itself).
Last Updated: 27/3/2014