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Important Patent Legislation Changes in Australia Effective 15 April 2013

The Australian Parliament recently passed the Intellectual Property Laws Amendment (“Raising the Bar”) Act 2012 (“the Act”), which received Royal Assent on 15 April 2012.  The Patent legislation changes will come into effect on 15 April 2013.  The changes will implement stricter patentability and specification requirements for patent applications.

 

Which applications are affected?

The legislation changes will apply to (1) new applications filed on or after 15 April 2013, including divisional applications; and (2) applications pending on 15 April 2013 for which a request for examination has not been filed.

What are the legislation changes?

The changes are substantial and include the following:

Next Step For Applicants and Future Applicants

In light of these changes, we highly recommend present Applicants file a request for examination of their applications prior to 15 April 2013 to ensure those applications are subjected to the current, more lenient, patentability and specification requirements.

Future Applicants should consider filing an Australian application with an examination request prior to 15 April 2013.  This may mean entering the national phase of a PCT application, filing a Convention application in Australia, or filing a divisional application before this date.

In light of the above, Baxter IP is offering a fixed discounted rate of filing a new application (national phase, Convention application or divisional) with a request for examination, for AU$2,000, which includes our charges, the official filing fee and the official examination fee.

This charge does not include additional services such as filing of any required amendments.

 

Note    –    After 1 July 2012 official exam fee increases to $490

–    After 1 Oct 12 official filing fee increases to $370