IPA patent 7.11.2.8-review-of-a-decision-to-grant-or-refuse-an-extension — IP Australia Patent Manual of Practice and Procedure – 7.11.2.8 Review of a Decision to Grant or Refuse an Extension

Also in this Chapter: 7.11.2.1 Requesting an Extension of Time 7.11.2.2 Application of the Law 7.11.2.3 Justification for the Extension 7.11.2.4 Discretionary Matters 7.11.2.5 Period of an Extension 7.11.2.6 A Hearing in Relation to an Extension 7.11.2.7 Parties Involved in Negotiations ​​​​​​​ 7.11.2.9 ＂Out of Time＂ Evidence Related Chapters: 7.3.1.1 Direction to Stay an Opposition Pending Another Action A decision to grant or refuse an extension of time can be reviewed by the Federal Court under the Administrative Decisions (Judicial Review) Act. While the judicial review is pending, the Commissioner will stay the opposition (see 7.3.1.1 Direction to Stay an Opposition Pending Another Action ). The effect of the stay is that exceptional circumstances exist and extensions of the current evidentiary stage will be able to be obtained. The extensions obtained on the basis of the stay merely preserve the situation until the stay is lifted (i.e. after the judicial review is completed), and do not extend the period regardless of the outcome of the review. Consequently if the original extension is ultimately refused, any evidence filed during the extension(s) is out of time (see 7.11.2.9 "Out of Time" Evidence ).