Alphapharm Pty Ltd v. H Lundbeck A/S & Ors

Lower Court Judgment

18/11/2013 Federal Court of Australia (Jessup, Jagot & Yates JJ)

[2013] FCAFC 129

Catchwords

Patents - Patents Act 1990 (Cth) ("Act"), s 223(2)(a) - First respondent patentee applied to Commissioner of Patents to extend term of its patent under s 70(1) of Act - Commissioner of Patents granted extension of term - Extension of term later revoked and removed from Register according to orders of Full Federal Court - First respondent applied to Commissioner of Patents for extension of time within which to file second application to extend term of patent - Commissioner of Patents granted extension of time - Decision appealed to Administrative Appeals Tribunal ("AAT") which affirmed Commissioner's decision to grant extension of time - Whether s 223(2)(a) of Act conferred power on Commissioner of Patents to extend time for seeking an extension of term of patent under s 70(1) of Act - Whether exercise of discretion to extend time was manifestly unreasonable in circumstances where the applicant for extension failed to apply promptly for extension - Whether appellant had to demonstrate significant and specific prejudice or hardship to disentitle first respondent to extension - Whether AAT failed to take into account relevant considerations and took into account irrelevant considerations.

Short Particulars