The applicant sought judicial review of a decision by the Minister of Health refusing to add a patent to the Patent Register under s 4(6) of the Patented Medicines (Notice of Compliance) Regulations because the submission was past the 30-day deadline.
The applicant argued the Time Limits Act (COVID-19) suspended the deadline or that the Minister had discretion to extend it.
The Federal Court upheld the Minister's decision as reasonable, confirming that the 30-day timeline was strictly applied and not suspended by the COVID-19 relief legislation.
