Rights of patentee if extension granted after patent expires

In force

If:

(a)

a patentee applies for an extension of the term of a standard patent; and

(b)

the term of the patent expires before the application is determined; and

(c)

the extension is granted;

the patentee has, after the extension is granted, the same rights to start proceedings in respect of the doing of an act during the period:

(d)

commencing on the expiration of the term of the patent; and

(e)

ending on the day on which the extension was granted;

as if the extension had been granted at the time when the act was done.

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