12 July 2021

The recent Federal Court decision in Ono Pharmaceutical Co, Ltd v Commissioner of Patents [2021] FCA 643 (11 June 2021) considered IP Australia’s patent term extension (PTE) provisions. The decision has been appealed by the Commissioner.

While the appeal proceeds, the Commissioner will apply a new practice when assessing PTE requests, consistent with the Federal Court decision.

We have updated our extension of term application approved form. The update captures information regarding the patentee’s connection to the goods relied on in the extension of term application. We have also updated our Manual of practice in accordance with this new practice.

For further information, please contact Greg Powell on +61 2 6283 2308.