International IP Developments

AURELIA J. SCHULTZ

PATENT CLARIFICATIONS AND RELATIONSHIP TO COMPETITION LAWS

Evidence in Australia Opposition Proceedings

A number of case decisions have resulted in clarification regarding patent laws in several countries. Merial Limited v. Bayer Intellectual Property GmbH clarified the evidentiary rules for opposition filings in Australia.¹ Australian opposition regulations introduced in 2013 have strict time-limits for a series of evidence and reply submissions.² The 2013 amendments also introduced a public policy provision that allows the Commissioner to consult documents relevant to the proceedings that have not been filed by the parties but are available in the Patent Office; provision 5.23.³ In Merial, the Delegate of the Commissioner of Patents hearing the case held that information considered under 5.23 must be considered for its likelihood to change the outcome of the opposition.⁴ Information that is not likely to change the outcome should not be considered as doing so would lead to delay in the case.⁵