Time is running out for thinking ahead - dealing with new Australian patent application requirements

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Established in 1887, Spruson & Ferguson is a leading intellectual property (IP) service provider in the Asia-Pacific region, with offices in Australia, China, Indonesia, Malaysia, Philippines, Singapore, and Thailand. They offer high-quality services to clients and are part of the IPH Limited group, which includes various professional service firms operating under different brands in multiple jurisdictions. Spruson & Ferguson is an incorporated entity owned by IPH Limited, with a strong presence in the industry.

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The patentability standards applicable to all Australian patent applications will soon be raised.

Australia Intellectual Property

Relevance of new Australian legislation to pending and potential Australian patent applications

As you will no doubt be aware, due to recent changes to Australian patent legislation, the patentability standards applicable to all Australian patent applications for which examination is requested on or after 15 April 2013 will be raised ( see link).

The new higher standards can be avoided by:

requesting examination of pending patent applications before 15 April 2013 (unless we have been instructed to the contrary, our default will be to request examination before 15 April 2013);
lodging divisional patent applications and requesting examination before 15 April 2013; and
bringing forward Australian national phase entry/convention patent application filing and requesting examination before 15 April 2013.

Accordingly, if you wish to use any of these options, please send us your instructions as soon as possible. Please note that as 15 April 2013 is a Monday, the effective final date for taking any action is 12 April 2013.

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.