The Australian Patent system is relatively forgiving in terms of
missed deadlines. The Patents Act provides extensions of time
for complying with most deadlines, provided that a genuine error or
extenuating circumstances can be demonstrated. The extensions
are at the discretion of IP Australia, which is generally pragmatic
in their acceptance of the fact that mistakes do happen.
However, there are a small number of deadlines that are
specifically excluded from the general extension of time
provisions. Perhaps most significantly, the general extension
of time provisions exclude the deadline for filing evidence
during patent oppositions. Rather, in order to extend an
evidentiary period in an opposition, the party seeking the
extension must be able to demonstrate that either a) they made all
reasonable efforts to comply with all relevant filing requirements,
and have been unable to file their evidence despite acting promptly
and diligently to ensure it is filed in
