Today we have resumed processing of some extensions of term applications.
Specifically, we have resumed processing of applications that we consider are not impacted by the Full Federal Court’s decision.
Due to the pending special leave application to the High Court of Australia, we continue to pause processing for applications that do or may relate to pharmaceutical formulations impacted by the decision, including new and pending applications and the granting of accepted applications.
Where processing remains paused, we will not refuse an application solely because the applicant has not met a response period deadline.
Timeframes may be extended where appropriate under section 223 of the Patents Act 1990.
We have also updated the Patent Manual of Practice and Procedure to reflect related changes in examination practice.
We will continue to monitor progress of the pending application to the High Court of Australia for special leave to appeal the Full Federal Court’s decision.
For questions about extensions of term, please contact Sarah Smith: sarah.smith@ipaustralia.gov.au.