Commonwealth Numbered Acts

PATENTS AMENDMENT ACT 1989 No. 96, 1989 - SECT 11

11. (1) This section applies to a patent if:

   (a)  the term of the patent had not, at 3 June 1988, expired; and

   (b)  either:

        (i)    the term of the patent expired before the commencement of this
               section; or

        (ii)   at the commencement of this section, less than 15 months of the
               term of the patent remained.

(2) The patentee of a patent to which this section applies may, not later than
6 months after the commencement of this section, make an application under
Part IX of the Principal Act as amended by this Act for an extension of the
term of the patent.

(3) Where a patentee makes an application in accordance with subsection (2)
for an extension of the term of a patent to which this section applies:

   (a)  the patentee may discontinue any proceedings that were pending in
        relation to the patent under Part IX of the Principal Act; and

   (b)  if an extension of the term of the patent is granted under Part IX of
        the Principal Act as amended by this Act, any proceedings that were
        pending in relation to the patent under Part IX of the Principal Act
        shall cease.