Missed a patent deadline in Australia or New Zealand due to the Microsoft outage? Remedial action may be possible
Missed a patent deadline in Australia or New Zealand due to the Microsoft outage? Remedial action may be possible
The unprecedented Microsoft outage on the notoriously unlucky Friday the 13 th caused offices around the world to come to a standstill. Not only did it expose vulnerabilities in tech-reliant workplaces (see IPKat ) , but it likely also caused patent deadlines to be missed because of the inability to send or receive urgent instructions. The good news is that Australia and New Zealand have relatively generous restoration provisions, including where a deadline is missed due to circumstances beyond the control of the applicant or their attorney. The respective IP Offices also have the power to remedy the problem by declaring an office closure date. Restoration in Australia Section 223 of the Patents Act 1990 ( AU Act ) provides for extensions of time to complete a "relevant act" required to be done within a certain time due to: an error or omission by IP Australia ( IPA ); an error or omission by the applicant/patentee or their attorney; or circumstances be...