Aspen Pharma Pty Ltd v H Lundbeck A/S

• 1. Patents
  2. › Extension of term of standard patents relating to pharmaceutical substances
  3. › Extension of time to file application for extension of term
  4. › Whether Commissioner had power to extend time under s 223(2)
  5. › Whether filing application for extension of term during patent term was a 'prescribed action' excluded from s 223(2)
  6. › Patents Act 1990 (Cth), ss 70, 71, 223
  7. › Patents Regulations 1991 (Cth), reg 22.11(4)(b)
• 1. Patents
  2. › Extension of time
  3. › Error or omission
  4. › Whether erroneous belief as to basis for extension of term application constituted 'error or omission' causing failure to file within time
  5. › Whether failure to contemplate correct basis for application capable of constituting error or omission
  6. › Patents Act 1990 (Cth), s 223(2)(a)
• 1. Administrative Law
  2. › Judicial review
  3. › Unreasonableness
  4. › Exercise of discretion to extend time
  5. › Whether decision manifestly unreasonable
  6. › Whether failure to take into account relevant considerations
  7. › Whether irrelevant considerations taken into account
  8. › Whether factual findings open on the evidence
  9. › Patents Act 1990 (Cth), s 223(2)
  10. › Administrative Appeals Tribunal Act 1975 (Cth), s 44
• 1. Administrative Law
  2. › Appeal from Administrative Appeals Tribunal
  3. › Appeal on question of law
  4. › Scope of appeal under s 44(1) of the AAT Act
  5. › Whether factual findings vitiated by error of law
  6. › Administrative Appeals Tribunal Act 1975 (Cth), s 44(1)

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