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 Full Court of the Federal Court in Commissioner of Patents v Ono Pharmaceuticals Co. Ltd [2022] FCAFC 39. The amended form, established with effect from 12 July 2022 no longer 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.

The form is available at https://www.ipaustralia.gov.au/tools-resources/forms/application-extension-term-no-pre-tga-marketing-approval and through 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.

Publish online date: 
Tuesday, July 12, 2022