Extension of time provisions in the Patents Act cannot prevent “the Sword of Damocles” from falling

The Full Federal Court in Sunesis Pharmaceuticals Inc v Commissioner of Patents [2015] FCAFC 29 clarified that section 223(2) of the Patents Act, which allows the Commissioner of Patents to grant an extension of time to complete a required act, cannot be used to delay the effects of the commencement of legislative amendments. Specifically, the read more...
Subjects: Patents

High Court grants special leave to appeal extension of time in pharmaceutical patent case

Last Friday the High Court of Australia granted Alphapharm special leave to appeal from a decision of the Full Federal Court in Aspen Pharma Pty Ltd v H Lundbeck A/S [2013] FCAFC 129.  The Full Court’s decision affirmed an earlier decision of the Administrative Appeals Tribunal to grant Lundbeck an extension of time in which read more...
Subjects: Patents