Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 71

Form and timing of an application

Form of application

             (1)  An application for an extension of the term of a standard patent must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by such documents (if any) as are ascertained in accordance with the regulations; and

                     (c)  be accompanied by such information (if any) as is ascertained in accordance with the regulations.

For this purpose, document includes a copy of a document.

Timing of application

             (2)  An application for an extension of the term of a standard patent must be made during the term of the patent and within 6 months after the latest of the following dates:

                     (a)  the date the patent was granted;

                     (b)  the date of commencement of the first inclusion in the Australian Register of Therapeutic Goods of goods that contain, or consist of, any of the pharmaceutical substances referred to in subsection 70(3), as worked out under subsection 70(5A) (if applicable);

                     (c)  the date of commencement of this section.



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