3.12.7 Opposition to Extension of Term

Date Published

Once an application for an extension of term is advertised accepted, third parties have 3 months from the date of publication of the notice of acceptance in the Official Journal to file a notice of opposition to the extension of term (sec 75 and reg 5.4(2)).

The only grounds of opposition are that the requirements of sec 70 or sec 71 are not satisfied. Thus, issues such as novelty, inventive step, manner of manufacture and utility cannot be brought into the opposition.

Where there is an opposition, the provisions of Chapter 5 apply. Where a decision to grant or refuse an extension of term is issued following an opposition, the decision can be appealed to the Federal Court (sec 75(4)).