Commonwealth Numbered Acts

PATENTS AMENDMENT ACT 1989 No. 96, 1989 - SECT 12

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

   (a)  the term of the patent expired after 2 June 1986 and before 3 June
        1988; and

   (b)  proceedings under Part IX of the Principal Act for an extension of the
        term of the patent were pending on 3 June 1988.

(2) Subject to this section, the patentee of a patent to which this section
applies may, not later than 3 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) The Minister, the Secretary to the Department of Community Services and
Health or a person interested may, within 3 months of the publication in the
Official Journal of a notice to the effect that the application for an
extension of the term of a patent has been made, by notice in writing given to
the Commissioner, object to the application.

(4) It is not necessary for a person objecting to state any grounds for the
objection.

(5) If such an objection is made:

   (a)  the Commissioner shall notify the making of the objection in the
        Official Journal; and

   (b)  the Commissioner shall not consider the application for an extension
        of the term of the patent unless the person who made the objection, by
        notice in writing given to the Commissioner before the end of 3 months
        after the objection was made, withdraws the objection.

(6) 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 the 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, the proceedings that were
        pending in relation to the patent under Part IX of the Principal Act
        shall cease.

(7) If an objection is made under subsection (3) and that objection is not
withdrawn as mentioned in subsection (5), the proceedings that were pending in
relation to that patent under Part IX of the Principal Act may be continued.