Australia introduced a 12-month grace period on 1 April 2002 that protected patents from invalidation by publication of the invention made by, or with the consent of, the patent applicant, or owner during the 12-month period prior to the filing date of the application. The Government committed to review the grace period after two years.
The report on the review issued in August 2005 and concluded that no changes are necessary at this stage but that the Australian Patent Office should continue to monitor international developments in relation to grace periods, as well as monitoring judicial consideration of the provisions in Australia. So, our 12-month grace period remains intact ... for the moment!
