Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 75

Opposition to grant of extension

             (1)  The Minister or any other person may, in accordance with the regulations, oppose the grant of an extension of the term of a standard patent on the ground that one or more of the requirements of sections 70 and 71 are not satisfied in relation to the application for the extension. The Minister or other person may not oppose the grant of the extension on any other ground.

             (2)  If the grant of an extension of the term of a standard patent is opposed, the Commissioner must decide the case in accordance with the regulations.

             (3)  The Commissioner must give the applicant and the opponent a reasonable opportunity to be heard before deciding a case.

             (4)  The applicant, and any opponent, may appeal to the Federal Court against a decision of the Commissioner under this section.



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