Catchwords:

PATENTS — costs of appeal and first instance proceeding concerning an application to amend a patent application — costs concerning a successful application under s 105(1A) of the Patents Act 1990 (Cth) — comparison with the costs position concerning a successful s 105(1) application — scope and application of any indulgence principle — whether any different treatment as to costs in proceedings before the Court as distinct from opposition proceedings before a delegate of the Commissioner of Patents — appeal costs should follow the event — no order as to costs at first instance