7.12.2 Applying for an Extension of Term

Also in this Chapter:

• 7.12.1 Section 70 Considerations​​​​​​​
• 7.12.3 Processing an Application for an Extension of Term
• 7.12.4 Calculating the Length of the Extension of Term
• 7.12.5 Patents of Addition
• 7.12.6 Divisional Applications
• 7.12.7 Oppositions to an Extension of Term
• 7.12.8 Relevant Court Proceedings Pending
• 7.12.9 Rectification of the Register

Sub-chapters:

• 7.12.2.1 Documentation Required
• 7.12.2.2 Time for Applying
• 7.12.2.3 Extension of Time to Apply for an Extension of Term​​​​​​​

Key Legislation:

Patents Act:

• s70 Applications for extension of patent  

Note:  The term of a patent cannot be extended if it has previously been extended under the Intellectual Property Laws Amendment Act 1998 (sec 70(4)).

An extension can be granted where a previous extension of term was granted, and subsequently found to be invalid. This was the situation with Alphapharm Pty Ltd v H Lundbeck A/S [2014] FCA 1185.

The relevant date for assessing compliance with sec 70(4) is the day on which the examination decision is made (Alphapharm Pty Let, Apotex Pty Ltd, Aspen Pharma Pty Ltd, Sandoz Pty Ltd v H Lundbeck A/S [2014] APO 41 at paragraph 56).