Commonwealth Numbered Acts

PATENTS ACT 1990 No. 83, 1990 - SECT 75

75. (1) The Commissioner may determine an application for an extension of the
term of a patent even though the term of the patent has expired.

(2) Where the time for opposing the grant of an extension of the term of a
patent has expired, the Commissioner must, if satisfied that:

   (a)  the application for the extension, the marketing approval certificate
        and the proposed claim or claims are in accordance with this Act; and

   (b)  the proposed claim or claims do not claim matter other than the
        pharmaceutical substance or substances to which the application
        relates; grant an extension of the term of the patent for a period of
        4 years in relation to the proposed claim or claims, but if not so
        satisfied, the Commissioner must, subject to subsection (3), refuse to
        grant an extension of the term of the patent.

(3) The patentee may, within such period as the Commissioner allows, amend the
proposed claim or claims.

(4) If, after amendments are made under subsection (3), the Commissioner is
satisfied as to the matters referred to in subsection (2), the Commissioner
must grant an extension of the term of the patent for a period of 4 years in
relation to the proposed claim or claims, but if the Commissioner is not so
satisfied the Commissioner must refuse to grant an extension of the term of
the patent.

(5) Where the Commissioner grants, or refuses to grant, an extension of the
term of a patent, the Commissioner must publish in the Official Journal a
notice setting out the terms of the decision.

(6) The Commissioner must not grant, or refuse to grant, an extension of the
term of a patent unless the Commissioner has given the applicant, and any
person who opposed the grant of the extension under section 74, a reasonable
opportunity of being heard.

(7) Where relevant proceedings in relation to a patent are pending, the
Commissioner must not determine an application for an extension of the term of
the patent without the leave of the court.