IPA patent 7.7.3-withdrawal-of-an-opposed-application — IP Australia Patent Manual of Practice and Procedure – 7.7.3 Withdrawal of an Opposed Application

Also in this Chapter: 7.7.1 Withdrawal of an Opposition 7.7.2 Dismissal of an Opposition Key Legislation: Patents Act: s33 Applications by opponents etc. s60 Hearing and decision by Commissioner s141 Withdrawal of applications Under Section 141 an opposed application can only be withdrawn if the Commissioner has consented to the withdrawal.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 e.g. 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 An opponent is not precluded from seeking an award of costs merely because the application has been withdrawn.