Out on a limb: Australian examination guidelines for patentability at odds with best global practice and Australian law

The Australian Patent Office has recently updated its guidelines for determining whether subject matter is patentable.  Unfortunately for patent applicant, the Office’s new policy has taken further steps towards limiting patentability of computer implemented inventions.  This is directly at odds with a recent resolution by the International Association for the Protection of Intellectual Property (AIPPI)

Moves to abolish the innovation patent

Since 2001, Australia has had a second tier innovation patent system that provides a very fast patent grant with a limited term, delayed examination and no obviousness test, but rather a reduced innovative step test.   The system was introduced to attempt to stimulate innovation in Australian small and medium enterprises (SMEs) by providing an easy, quick and inexpensive way to achieve protection for

Computer-implemented inventions and business method patents in Australia: 2011 Update

There has recently been a marked shift in the attitude of the Australian Patent Office (APO) in relation to the patentability of computer-implemented inventions and business methods. In short, the practice of the APO has changed in a manner that causes complications for patent applications in these areas of technology currently under examination. However, the

Who gets a hearing? Implementation of the “two-month deadline” for Australian divisional applications

The Australian Patent Office has been progressively implementing measures to expedite examination of divisional applications. Directions to request examination now issue within two months of filing and official reports issue within two months of examination being requested (compared to 24 months and 14 months, respectively, for non-divisional standard patent applications).   The Patent Office has

A unitary patent examination process for Australia and New Zealand

A unitary patent examination process is soon to be established for applications before the Patent Offices of Australia and New Zealand. Whilst this is believed to be a world first, we note at the outset that any such process is at least three years away. This development is part of the Single Economic Market (SEM)