---
title: "Patent extension of time under section 223 (IP Australia)"
url: "https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/form-ip-australia-patent-extension-section-223"
type: "precedent"
site: "AI Law Framework"
id: "a23-form-ip-australia-patent-extension-section-223"
area_id: "A23"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A23-T1-R2", "A23-T1-R3"]
law_stated_as_at: "2026-10-22"
---

# Patent extension of time under section 223 (IP Australia)

> Link to IP Australia's application for an extension of time under section 223, to restore a patent or application that lapsed or ceased because a fee was not paid or another act was late.

Canonical page: https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/form-ip-australia-patent-extension-section-223  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs.md)
- Jurisdictions: Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the official form at ipaustralia.gov.au and the 2 authorities it cites, for Commonwealth.

## When to use it

Use when a patent or patent application needs the section 223 extension form the IP Australia forms index describes. This is not the trade mark extension-of-time form.

## Used for these tasks

- [Draft a patent specification from the inventor disclosure](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/draft-a-patent-specification-from-the-inventor-disclosure.md)
- [Draft a response to a patent office action or examination report](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/draft-a-response-to-a-patent-office-action-or-examination-report.md)

## How AI may be used

Yellow. A tool may compare a working note with the current official form and list what is missing. The lawyer downloads the form, completes it and lodges it.

**AI may:**

- List the facts and documents the official page says to have ready.
- Compare a working checklist with the current downloaded form and mark gaps.
- Prepare a filing note that quotes only what the official page says.

**AI must not:**

- Do not copy the official form into a new document or file a retyped version.
- Do not invent a form number, fee, time limit or rule that is not on the official page.
- Do not draft, settle or sign an affidavit or other sworn evidence.
- Do not lodge the form or tell the client it has been filed.

**The lawyer checks:**

- The index says the form restores a patent or application that lapsed or ceased because a fee was not paid or another act was late.
- The form page is tagged Patents, Apply, and was last updated on 12 May 2026.
- Lodge through Online Services or post to PO Box 200, Woden ACT 2606.
- Do not use a trade mark extension form for a patent.

## Authorities

- [Application for an extension of time under section 223, IP Australia.](https://www.ipaustralia.gov.au/tools-and-research/forms/application-for-an-extension-of-time-under-section-223)
- [Forms index entry for the section 223 application, updated 12 May 2026.](https://www.ipaustralia.gov.au/tools-and-research/forms)

## Official form

[Official form](https://www.ipaustralia.gov.au/tools-and-research/forms/application-for-an-extension-of-time-under-section-223)

## Where this comes from

The official form is published by ipaustralia.gov.au; this page is a completion guide. Last checked on 2026-10-22.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/form-ip-australia-patent-extension-section-223 and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*