High Court of Australia

Alphapharm Pty Ltd v H Lundbeck A/S [2014] HCA 42

5 Nov 2014

Case Number: S97/2014

Before

Crennan, Kiefel, Bell, Gageler, Keane JJ

Catchwords

Intellectual property – Patents – Extension of term – Application to extend time for applying for extension of term of patent – Section 71(2) of Patents Act 1990 (Cth) required application for extension of term of patent to be made during term of patent and within six months after latest of three specified dates – First respondent made application for extension of term of patent during term of patent but more than six months after latest of three specified dates – Whether Commissioner of Patents had power to grant extension of time.

Words and phrases − "filing – during the term of a standard patent", "prescribed action", "relevant act".

Patents Act 1990 (Cth) – ss 70(1), 71(2) and 223.

Patents Regulations 1991 (Cth) – reg 22. 11(4)(b).
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