7.12.7 Opposition to Extension of Term

Also in this Chapter:

• 7.12.1 Section 70 Considerations​​​​​​​
• 7.12.2 Applying for an Extension of Term
• 7.12.3 Processing an Application for an Extension of Term
• 7.12.4 Calculating the Length of the Extension of Term
• 7.12.5 Patents of Addition
• 7.12.6 Divisional Applications
• 7.12.8 Relevant Court Proceedings Pending
• 7.12.9 Rectification of the Register

Key Legislation:

Patents Act:

• s70 Applications for extension of patent  
• s71 Form and timing of an application  
• s75 Opposition to grant of extension  
• Chapter 5 Opposition to grant of Standard patent

Patents Regulations:

• reg 5.4 Notice of opposition--standard patent opposition

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)).