Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 6.10

Application with pre-TGA marketing approval

         (1)   This regulation applies to an application under section 70 of the Act for an extension of the term of a standard patent for a pharmaceutical substance for which pre‑TGA marketing approval has been given.

         (2)   For paragraphs 71 (1) (b) and (c) of the Act, the application must be accompanied by:

                (a)    a written statement by the person who gave the approval showing:

                          (i)    that approval has been given; and

                         (ii)    the date of the first approval; or

               (b)    if the patentee does not have a written statement mentioned in paragraph (a) -- information showing:

                          (i)    that approval has been given; and

                         (ii)    the date of the first approval.

Note    For providing a copy of a written statement mentioned in paragraph (2) (a), see the definition of document in subsection 71 (1) of the Act.



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