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7.12.8 Relevant Court Proceedings Pending

Date Published

Under sec 79A, the Commissioner must not make a decision regarding an extension of term without the leave of the court if relevant proceedings are pending. The Commissioner will therefore ask the patentee whether relevant proceedings are pending at the time of filing an application for an extension of term, as well as before an extension is granted or refused.

In general, the Commissioner will not seek approval from the court to proceed with an extension of term, but instead expect the patentee to do so expeditiously. However, there is a public interest in knowing whether an extension is to be granted. Therefore, if the relevant proceedings do not appear to be progressing, and the public interest is adversely affected by the delay, the Commissioner may consider seeking relevant directions from the court.

Amended Reasons

Amended Reason Date Amended
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