IPA patent 7.12.8-relevant-court-proceedings-pending — IP Australia Patent Manual of Practice and Procedure – 7.12.8 Relevant Court Proceedings Pending

Also in this Chapter: 7.12.1 Section 70 Considerations ​​​​​​​ 7.12.2 Applying for an Extension of Term 7.12.3 Processing an Application for an Extension of Term 7.12.4 Calculating the Length of the Extension of Term 7.12.5 Patents of Addition 7.12.6 Divisional Applications 7.12.7 Oppositions to an Extension of Term ​​​​​​​ 7.12.9 Rectification of the Register Key Legislation: Patents Act: s79A Commissioner not to make decision if court proceedings pending Under sec 79A , the Commissioner must not make a decision regarding an extension of term without the leave of the court if relevant proceedings are pending. The Commissioner will therefore ask the patentee whether relevant proceedings are pending at the time of filing an application for an extension of term, as well as before an extension is granted or refused. In general, the Commissioner will not seek approval from the court to proceed with an extension of term, but instead expect the patentee to do so expeditiously. However, there is a public interest in knowing whether an extension is to be granted. Therefore, if the relevant proceedings do not appear to be progressing, and the public interest is adversely affected by the delay, the Commissioner may consider seeking relevant directions from the court.