Progress toward the Australia/New Zealand single economic market

We have reported previously on the impending Single Economic Market (“SEM”) reforms, as agreed between the Australian and New Zealand Governments in August 2009. The wider reforms encompass not only IP, but also competition policy, consumer protection, accounting standards, securities offerings, cross-border insolvency and company registrations. The framework thereby aims to accelerate and deepen trans-Tasman

Raising the Bar changes now in force

One of the biggest changes in Australian Patent and Trademark law, created and shepherded by the Australian Patent Office has now taken effect in Australia. Whilst the Patent Office received a flood of application just before the changes came into effect, the new provisions are now in force. The significant changes include: a change in

No more Notices of Entitlement

Recent changes to the Patents Regulations 1991 (effective for applications for which examination was requested on or after 15 April 2013) have removed the requirement to lodge a Notice of Entitlement for Australian patent applications prior to acceptance (except for applications that rely on a micro-organism deposit for enablement). Instead, it is now necessary to

Is the gene patent debate fuelling change to the Australian patent system for all technology?

We previously reported that the Australian biotechnology/pharmaceutical patent landscape was in a state a flux. At that time, we were awaiting the recommendations of a Senate Inquiry into the patenting of genes and biological materials. Since then, the recommendations of that Inquiry have been made public. In addition, there have been a number of other

Changes raise the bar for patentability but tougher standards can be avoided

The Australian Government has now issued details of significant changes to the intellectual property regime in Australia. These include changes to raise the quality of granted patents, improve access to patented inventions for research and regulatory purposes, tighten up divisional practice, increase consistency between the Patent Office and the Courts, and improve legal privilege for