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ARTICLE · 05 OCTOBER 2014

Acting responsibly, promptly and diligently during evidentiary period in patent application process

DibbsBarker
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An application for an extension of time was accepted because the actions were held to be reasonable, prompt and diligent.

AustraliaIntellectual Property
Melissa McGrath (Formerly With DibbsBarker)
Melissa McGrath (Formerly With DibbsBarker)
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Focus: Extension of time to file evidence in answer during a patent application process
Industry Focus: Medical & pharmaceutical

What standard should be met to obtain an extension of time to file evidence in patent opposition proceedings? Since the introduction of the Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 (No.1), what constitutes 'reasonable, prompt and diligent' action has required clarification. The recent decision of Mineral Technologies Pty Ltd v Orekinetics Investments Pty Ltd [2014] APO 63 (the Orekinetics decision) provides insight into what constitutes an adequate explanation for obtaining an extension to file evidence in answer.

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