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IPA patent 7.11.1.14-date-of-a-patent-where-an-extension-of-time-is-granted-to-claim-priority
IPA patent 7.11.1.14-date-of-a-patent-where-an-extension-of-time-is-granted-to-claim-priority — IP Australia Patent Manual of Practice and Procedure – 7.11.1.14 Date of a Patent Where an Extension of Time is Granted to Claim Priority
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Also in this Chapter:
7.11.1.1 Relevant Act
7.11.1.2 Subsection 223(1) - Office Error
7.11.1.3 Subsection 223(2) - Error or Omission and Circumstances Beyond Control
7.11.1.4 Subsection 223(2A) - Despite Due Care
7.11.1.5 Common Deficiencies in Requests under Section 223(2) or (2A)
7.11.1.6 Advertising an Extension - Subsection 223(4)
7.11.1.7 Extension of Time for an Extension of Term
7.11.1.8 Grace Period Extensions
7.11.1.9 Extension of Time to Gain Acceptance
7.11.1.10 Examination Report Delayed or Not Received
7.11.1.11 Co-pending Section 104 Application - Budapest Treaty Details
7.11.1.12 Payment of Continuation or Renewal Fees Pending a Section 223 Applicaiton
7.11.1.13 Person Concerned: Change of Ownership
Key Legislation:
Patents Act:
s223 Extensions of time
Patents Regulations:
reg 6.3 Date of patent
Where an extension of time under section 223 is granted to extend the period for filing a complete application associated with a provisional application, or for filing a convention application, the date of the patent will be the end of the 12-month period for filing an associated application or filing a convention application - not the date on which the application was actually filed. See regulation 6.3(9)-(11) , respectively.
For such cases the due date for payment of continuation/renewal fees is not the anniversary of the date of actually filing the application - rather it is the anniversary of when the application should have been filed.
