7.11.2.5 Period of an Extension

Also in this Chapter:

• 7.11.2.1 Requesting an Extension of Time
• 7.11.2.2 Application of the Law
• 7.11.2.3 Justification for the Extension
• 7.11.2.4 Discretionary Matters
• ​​​​​​​7.11.2.6 A Hearing in Relation to an Extension
• 7.11.2.7 Parties Involved in Negotiations
• 7.11.2.8 Review of a Decision to Grant or Refuse an Extension
• 7.11.2.9 ＂Out of Time＂ Evidence

Key Legislation:

Patents Regulations:

• reg 5.9 Extension of time for filing evidence]

If the Commissioner decides that an extension should be allowed, she must separately determine what period is appropriate. Regulation 5.9(3) requires the Commissioner to determine the length of the extension having regard to what is "reasonable in the circumstances". Consequently, a party will need to explain why the period sought is appropriate.

The period of the extension must relate to the reasons why the evidence was not filed within time.  For instance, if the Commissioner grants an extension because a party is sick for a week, the Commissioner would grant the extension for a week. Where a party cannot justify the full extension sought, the Commissioner will grant a period that is reasonable. The Commissioner will not grant an extension longer than is justified.

The Commissioner cannot allow an unsuccessful party a short extension to file evidence that is immediately available, or to validate evidence that has already been filed out of time - Regulation 5.9 is not a discretion similar to that considered in Ferocem. Evidence filed out of time is discussed at 7.11.2.9 "Out of Time" Evidence.