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Newsletters and Bulletins / March 1999 / Australia |
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Australia - Patent Extension for Pharmaceutical Patents The Australian Parliament has passed legislation to provide for
the possibility of extensions of patents relating to pharmaceutical
products per se or to pharmaceutical products produced by use
of recombinant DNA technology. The purpose of the extension is
to compensate patentees for delays in securing approval to market
pharmaceutical substances in Australia if the period between the
filing of the Australian patent application and the grant of approval
for sale under the Therapeutic Goods Act exceeds five years. The
maximum term of extension is to be five years. Extensions are
available only for those patents originally granted for a twenty-year
term and those originally granted for a sixteen-year term but
whose term was extended to twenty years when Australia implemented
the TRIPS Agreement (see our April 1995 Newsletter (N.S. 185) as long as the original sixteen-year term for such patents expired
on or after July 1, 1995. Applications for an extension must be
filed within six months of the latest of the date of grant of
the patent or the date of first regulatory approval.
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