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your patentExtensions
of time
Extensions of time
If your application lapses or your patent ceases because you have not paid
a fee, or you have unintentionally failed to do something else within a specified
time, it may be possible to recover your rights by applying for an extension
of time in which to pay the fee or take the action.
Why
you may want an extension of time
What
do I have to do?
Seek
professional advice
How
do I apply?
Statutory
declarations
Fees
What
do we do with your application?
Why you may want an extension of time
You may want an extension of time to restore a patent or patent application
that has lapsed because you did not pay a fee or take some other action in time.
Perhaps you have lost your priority rights because you did not file
a complete application within 12 months of your provisional application.
What do I have to do?
So long as you unintentionally missed doing something or the paying of a fee,
you can apply for an extension of time under section 223 of the Patents
Act. You must:
- act quickly;
- pay any unpaid fees that are due, and (where possible) carry out the action
which was not done in time; and
- file an application for the extension of time that shows you failed to
take the required action because of:
- an error or omission by yourself, your employees,
agent or attorney; OR
- circumstances beyond your control. Eg delays by post
or courier, a sickness or accident. It does not cover lack of funds to
pay a fee or excessive workloads.
- in spite of due care being exercised, the required
action was not done.
Remember
- You cannot get an extension of time if your failure to pay a fee, or to
do an act, was intentional.
- Failing to pay a fee, or to do an act, is not itself an error or omission.
- If you make an application for an extension of time for more than 3 months
we must advertise your application so that other people have an opportunity
to oppose the extension.
Seek professional advice
Applying for an extension of time can sometimes involve complex legal issues
and it may be in your best interests to obtain
professional advice.
How do I apply?
You can write your extension of time application on the official form P/00/013.
You must attach to it one or more statutory declarations setting out the reasons
why the fee was not paid, or act not done, by the required date.
Statutory declarations
Statutory declarations are written statements of fact witnessed by an authorised
person, eg. a justice of the peace. The declarations must:
- give a full and frank disclosure of all the relevant circumstances;
- describe the chain of events that caused the relevant fee not to be paid,
or act not to be done, in time. You may have to get declarations from a number
of people involved;
- explain the error or omission, or the circumstances beyond your control;
- explain any delays in making the application for an extension of time;
and
- include copies of any relevant documents which support the explanations.
Fees
When you file your application for extension of time, you will have to pay
a fee.
Your nearest IP Australia State
Office has current fee information.
What do we do with your application?
If your application meets the requirements of the Patents Act we will approve
your extension of time. If not, we will notify you of the reason, and give you
an opportunity to file further material to support your request.
If the matter cannot be resolved, you can ask to be heard by the Commissioner
of Patents. A decision of the Commissioner refusing to grant an extension of
time may be appealed to the Administrative Appeals Tribunal.
Further information on maintaining your patent can be found by downloading
the following information sheet:
 Maintaining
your Application or Patent
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