3.7.3 Withdrawal of an Opposed Application

Date Published

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

Under Section 141 an opposed application can only be withdrawn if the Commissioner has consented to the withdrawal.

This restriction is intended to limit the ability of an applicant to ‘side-step’ opposition proceedings while pursuing the grant of a patent in a related application eg a divisional application.

The Commissioner may not consent to the withdrawal of an opposed application in other circumstances, including where the opponent claims entitlement to the invention and withdrawal would avoid a decision under Section 60 that would allow an application to be made under Section 33.

An opponent is not precluded from seeking an award of costs merely because the application has been withdrawn.