Welcome to the new version of the Patents Manual. Please note there are changes to the numbering and sequence of the chapters and pages in the manual. You are encouraged to take the time to explore and familiarise yourself with this new structure. Refusal of Application for Extension of Term

Date Published

Key Legislation:

  • s70 Applications for extension of patent  
  • s71 Form and timing of an application  
  • s74 Acceptance or refusal of application  
  • s216 Exercise of discretionary power by Commissioner  
  • s224 Review of decisions  

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)).

Amended Reasons

Amended Reason Date Amended
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