Australia’s innovation patent, extinct by June 2021

The Intellectual Property Amendment (Productivity Commission Response part 2 and other Measures) Bill 2019 was passed by the Senate on 16 October 2019. This will result in the abolition of Australia’s second-tier patent system, the innovation patent.   Many small- and medium-sized Australian businesses and relevant industry groups, including the Australian Chamber of Commerce and

The proposed long, slow death of Australia’s innovation patent

Attempts to kill off Australia’s second-tier “innovation patent” system have been ongoing for a number of years.  In the most recent challenge, the Productivity Commission has been the lead prosecutor and professional bodies such as IPTA (the Institute of Patent and Trade Mark Attorneys of Australia) have acted for the defence.  The Australian Government is,

Changes to divisional applications deadlines in Australia – is there a need for precautionary filings?

Recent legislative changes introduced in Australia from 15 April 2013 by the Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 have changed the deadlines for filing divisional applications. Previously, a divisional application could be filed at any time up until grant of the parent application (although the claims of a divisional application lodged three

Australian Patent Office proposes shortened time period for examination

IP Australia, the government body responsible for the administration of IP in Australia has released an exposure draft of the proposed Regulations to implement The Intellectual Property Laws Amendment (Raising the Bar) Act 2012. Most provisions of the Act, including the implementing Regulations will come into effect on the 15 April 2013. The proposed Regulations, among

The bar has been raised – How to duck under

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 was passed into law, receiving Royal Assent on 15 April 2012. Most provisions in the Act come into effect on 15 April 2013. In overview, a patent will be harder to obtain and keep in force after 15 April 2013.   In summary: Inventive step will

Research and regulatory use exempt from patent infringement

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 was passed into law on 15 April 2012. The majority of provisions in the Act come into effect on 15 April 2013. However, the exemptions for research and regulatory use will apply immediately. One of the schedules of the Bill was to provide freedom of access to

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