Now that we have made it past the March 16, 2013 effective date of the first-inventor-to-file provisions of the America Invents Act, it is time to turn our attention to Australia, and the April 15, 2013 effective date of the Intellectual Property Laws Amendment (Raising the Bar) Act.
Raising the Bar
The Raising the Bar Act will impose stricter substantive requirements, including:
Many of the new standards are drawn from U.S. and EPO practice, and are aimed at making the threshold requirements for obtaining a patent comparable to those of the U.S., EPO and JPO.
Getting in Under the Bar
Applications for which a Request for Examination is filed on or after April 15, 2013 will be examined under the new law. Thus, in order to obtain examination under current Australian patent law, both the application and Request for Examination must be filed by Friday, April 12, 2013. Stakeholders who are concerned about these changes might consider filing Requests for Examination in pending applications, and filing new applications (including national stage applications) with a Request for Examination, all within the next few weeks.
New Infringement Exceptions
The Raising the Bar Act included two new infringement exceptions which took effect on April 16, 2012.
For More Information …
For more information, please see the IP Reforms page of the IP Australia Web site.