Welcome to the new version of the Patents Manual. Please note there are changes to the numbering and sequence of the chapters and pages in the manual. You are encouraged to take the time to explore and familiarise yourself with this new structure. Withdrawal of Other Oppositions

Date Published

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:

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this evidence, before granting the extension or allowing the amendment, regardless of whether the opposition was withdrawn or whether the opponent attended the hearing.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.

Amended Reasons

Amended Reason Date Amended
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