Refusal of Application for Extension of Term

Date Published

Where the requirements of sec 70 and sec 71 have not been met, the Commissioner must refuse an application for an extension of term (sec 74).  In this situation, OEP will notify the patentee in writing of the reasons for refusal and publish a notice of refusal in the Official Journal.

Note that the patentee will be provided with an opportunity to be heard on the matter before refusal (sec 216) and any decision to refuse can be appealed to the AAT (sec 224(1)(a)).