Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 22.11

Extension of time

             (1)  For the purposes of subsection 223(2) or (2A) of the Act, an application for an extension of time must be in the approved form and have with it a declaration setting out the grounds on which the application is made.

          (1A)  Subregulation (1B) applies if:

                     (a)  an application for an extension of time for doing a relevant act is made under subsection 223(2) of the Act; and

                     (b)  the relevant act has not been done; and

                     (c)  a notice of opposition to the grant of the application is filed.

          (1B)  If the Commissioner grants the application, the Commissioner must extend the time to include the period from the day on which the notice of opposition is filed to the end of:

                     (a)  if an application is made to the AAT for a review of a decision of the Commissioner--the day when the application is withdrawn or finally dealt with or determined; or

                     (b)  in any other case--21 days after the end of the day on which the Commissioner decides the application.

          (1C)  For paragraph 223(2A)(b) of the Act the prescribed period is 2 months after the circumstance that prevented the person from doing the relevant act within the time required ceases to exist.

          (1D)  For subsection 223(2B) of the Act the prescribed period is 12 months after the end of the time within which the act is required to be done.

             (2)  Notice of the grant of an extension of time must be published in the Official Journal .

             (3)  For subsection 223(4) and paragraph 223(9)(b) of the Act:

                     (a)  the payment of a continuation fee or a renewal fee within the 6 month period mentioned in subregulation 13.3(1A) or 13.6(2) is a prescribed relevant act; and

                     (b)  the prescribed circumstances are that the fee is not paid within that 6 month period mentioned in subregulation 13.3(1A) or 13.6(2).

             (4)  For the definition of relevant act in subsection 223(11) of the Act, the following are prescribed:

                     (a)  an action mentioned in Chapter 5, other than an action or step taken under regulation 5.4, 5.5, 5.10 or 5.11;

                     (b)  filing, during the term of a standard patent under subsection 71(2) of the Act, an application under subsection 70(1) of the Act for an extension of the term of the patent;

                     (c)  an action mentioned in Chapter 20.



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