The Australian Patent Office recognised that these search reports were readily available to Examiners over the Internet and a significant burden could be lifted on applicants by repealing the relevant provisions. The Government recently acted on their recommendation to abolish the duty.
Whilst the abolition does not strictly apply retrospectively, the removal of this onus on applicants is welcomed.
It should be remembered that, notwithstanding the removal of the legislative requirement as outlined above, Australian precedent law in relation to allowable amendments is such that, if a citation is relevant to the validity of a patent and an appropriate amendment is not made within a “reasonable” period after becoming aware of the citation, the amendment may not be allowed later. This is particularly relevant, of course, during infringement proceedings based on the patent.
