2.13.3 Pending Section 223 Actions

Date Published

Where an application has a pending sec 223 request for an extension of time in relation to any examination matter, examination should not continue until the sec 223 request has been finalised. In particular, an application must not be accepted where an extension of time has been requested, but not yet granted.

The only exception to the above is the consideration of sec 104 amendments to insert micro-organism deposit details.  In this case, the allowability of the amendment is not dependent on the sec 223 request being granted and therefore the amendment should be allowed forthwith (see also Sections 104 and 223 - Insertion of Section 6(c) Information).

The fact that a sec 223 request may be pending will be apparent from the presence of an ‘Application for an Extension of Time’ on the file. Although the file may also contain an indication that the Commissioner or delegate is satisfied that the extension of time is justified, the extension of time (if for a period of more than 3 months) cannot be allowed until the request has been advertised in the Official Journal and the opposition period has elapsed (sec 223(4)).