Document ID: chunk:federal_register_of_legislation:C2024C00455:section:223:p2
Version: federal_register_of_legislation:C2024C00455
Segment Type: section
Provision Reference: s 223 (pt 2/2)
Character Range: 256754–258674

the application in accordance with subsection (4); and
 (b) the application cannot be opposed, despite subsection (6); and
 (c) the Commissioner must refuse to grant the application.
 (7) Where:
 (a) a patent application lapses, or a patent ceases, because of a failure to do one or more relevant acts within the time allowed; and
 (b) the time for doing that act or those acts is extended;
the application or patent must be treated as having been restored.
 (8) Where:
 (a) a provisional patent application lapses under subsection 142(1) at the end of the period prescribed for the purposes of section 38; and
 (b) that period is extended;
the application must be treated as if it had not lapsed.
 (9) Where the Commissioner grants:
 (a) an extension of more than 3 months for doing a relevant act; or
 (b) an extension of time for doing a prescribed relevant act in prescribed circumstances;
the prescribed provisions have effect for the protection or compensation of persons who, before the day on which the application for extension of time is advertised under subsection (4), exploited (or took definite steps by way of contract or otherwise to exploit) the invention concerned because of the failure to do the relevant act within the time allowed, the lapsing of the patent application or the ceasing of the patent, as the case may be.
 (10) Infringement proceedings cannot be brought in respect of an infringement committed:
 (a) between the day on which the patent application lapses and the day on which it is restored; or
 (b) between the day on which the patent ceases and the day on which it is restored.
 (11) In this section:
relevant act means an action (other than a prescribed action) in relation to a patent, a patent application, or any proceedings under this Act (other than court proceedings), and includes the making of a Convention application within the time allowed for making such applications.