Extension of Term Provisions Broadened to Include Medical Devices?

There appears to be a softening by the Patent Office in relation to the extension of patent term provisions in Australia. Traditionally, an extension of patent term was only available for pharmaceuticals. Indeed, the Act contained a specific limitation to "pharmaceutical substances per se".

However, the Patent Office has recently allowed an extension of term for an invention that looks increasingly like a medical device. In NV Organon [2009] APO 8 an extension of term application was made for a vaginal ring constructed with a thermoplastic polymer core and a permeable thermoplastic skin for the slow release of steroidal mixtures for the purpose of contraception or hormone replacement therapy.