Time for Applying

Date Published

Under sec 71(2), an application for an extension of term of a standard patent must be made during the term of the patent and within 6 months after the latest of the following dates:

  • the date the patent was granted;
  • the date of commencement of the first inclusion in the Australian Register of Therapeutic Goods (ARTG) of goods that contain, or consist of, any of the pharmaceutical substances referred to in sec 70(3);
  • the date of commencement of the extension of term provisions (27 January 1999).

An application for an extension of term cannot be made before the patent is granted.

As discussed in, relevant goods for the purpose of sec 71(2) are those included on the ARTG following an application made by, or with the consent of, the patentee.

Note: The first inclusion in the ARTG refers to any inclusion, including registering export approval of a drug prior to obtaining marketing approval.

Amended Reasons

Amended Reason Date Amended

Clarifying the Commissioner's practice while the appeal of Ono Pharmaceuticals v Commissioner is proceeding.