3.12.2 Applying for an Extension of Term

Date Published

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).