Many Australian patent firms are advising their clients to file in Australia and request examination before April 15, 2013. That’s the date the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 comes into force, which will make it much harder to gain patent protection. Filing and requesting examination before April 15, 2013, ensures your application will be processed under the current law.
Our friends at Shelston IP have posted some important information on their blog about the changes, which include:
- Inventive step will be harder to establish.
- A patent specification will be required to disclose a “specific, substantial and credible use” for the claimed invention.
- A patent specification will be required to disclose the invention in a manner which is “clear enough and complete enough for the invention to be performed by a person skilled in the relevant art”.
- The claims of a patent will need to have “support” from the specification, as opposed to the previous requirement of “fair basis”.
- The claims during examination will have to satisfy additional grounds for rejection, including prior use of an invention.
- Amendments to a complete application will be more heavily restricted.
For more information, please check out Shelston IP’s blog.
If you’re planning to file in Australia, you may consider doing it sooner rather than later and requesting examination before April 15. inovia can help with both PCT national stage entry and direct (Paris Convention) filing in Australia; create an inovia.com account for a free quote.