The Commissioner of Patents has approved a revised form for applications for extensions of term under Section 70 of the Act and for the purpose of sub-section 71(1)(a).
Form p00052b has been amended in response to the decision of the Federal Court in Ono Pharmaceutical Co, Ltd v Commissioner of Patents [2021] FCA 643. The amended form, established with effect from 12 July 2021, requires the patentee to indicate whether the application for inclusion in the ARTG of the good relied upon was made with the consent of the patentee, where the patentee did not make the ARTG application (see item 5).
The form is available online and through our online services.
Note that the information elements of the revised form are mandatory and that regulation 22.16 applies where an application is received that is not in accordance with the approved form.
Queries:
Greg Powell
Assistant General Manager
Patent Oppositions
Patents Mechanical and Oppositions Group
+61 2 6283 2308