PATENTS ACT 1990 - SECT 77 Calculation of term of extension

PATENTS ACT 1990 - SECT 77

  (1)   If the Commissioner grants an extension of the term of a standard patent, the term of the extension is equal to:

  (a)   the period beginning on the date of the patent and ending on the earliest first regulatory approval date (as defined by section   70) in relation to any of the pharmaceutical substances referred to in subsection   70(2);

reduced (but not below zero) by:

  (b)   5 years.

Note:   Section   65 sets out the date of a patent.

  (2)   However, the term of the extension cannot be longer than 5 years.