7.7.1.2 Withdrawal of Other Oppositions

Also in this Chapter:

• 7.7.1.1 Withdrawal of Section 59 and 101M Oppositions

Key Legislation:

Patents Act:

• s59 Opposition to grant of standard patent  
• s75 Opposition to grant of extension  
• s101M Opposition to innovation patent  
• s104 Amendments by applicants and patentees  
• s223 Extensions of time

Note: This information applies to oppositions commenced on or after 15 April 2013.

Other than oppositions under sections 59 or 101M, the other major areas of opposition are concerned with:

• section 223 (extensions of time);
• section 104 (amendments); and
• section 75 (extensions of term).

At the stage of advertising the extensions or amendments for opposition purposes, the delegate will usually be satisfied that the applicant seeking the extension or amendment has prima facie satisfied all the conditions specified in the Act.

Should relevant evidence come to light during the opposition proceedings, the Commissioner will consider this evidence, before granting the extension or allowing the amendment, regardless of whether the opposition was withdrawn or whether the opponent attended the hearing.

If no evidence was filed before withdrawal of the opposition, the Commissioner would be bound to grant the extension or allow the amendment.