IP Australia have released a statement indicating that
the customer service charter will have to be reviewed in 2014 due
to the increase in pendency of first reports in the coming
IP1 Australia indicated that a surge in voluntary
patent2 examination3 requests for the
2012/2013 financial year was a result of the introduction of the IP
Laws Amendment Act 2012.
What this means for clients
It is expected that pendency is likely to increase, exceeding
the 12 month customer service charter, to average at approximately
19 months. To counter the increase, IP Australia has restricted
directions to applications that are 57 months from filing date to
keep new requests at a minimum.
here for the full IP Australia update on patent examination
1Refers to the ownership of an intangible
thing - the innovative idea behind a new technology, product,
process, design or plant variety, and other intangibles such as
trade secrets, goodwill and reputation, and trade marks. Although
intangible, the law recognises intellectual property as a form of
property which can be sold, licensed, damaged or
trespassed upon. Intellectual property encompasses
patents, designs, trade marks and copyright.
2A proprietary right in an invention
which provides the owner with an exclusive right for up to 20 years
to make, sell, use or import the invention. In exchange for this
monopoly the patent is published so that
others can see how the invention works and build on that knowledge.
The patented invention may also be used by the public once the
3The process by which the receiving office (in
New Zealand this is the Intellectual Property Office of
New Zealand or IPONZ) determines whether the subject
matter of a patent application discloses a valid
invention and is patentable. Under current New
Zealand law the examiner will ensure that the subject matter meets
the definition of "invention" and is novel. Under
legislation proposed to be introduced in late 2010, examination
will determine whether the subject matter is novel,
involves an inventive step, is useful and is not excluded
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
James & Wells Intellectual Property, three time winner
of the New Zealand Intellectual Property Laws Award and first IP
firm in the world to achieve CEMARS® certification.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
The Policy stresses on the need for a holistic approach to be taken on legal, administrative, institutional and enforcement issues related to IP.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).