Patent Examination in Australia (before April 15, 2013)

Covid-19 Update

Find out more

Covid-19 Update

Please be reassured that Franks & Co Limited have taken contingency measures to ensure that the firm will continue to operate without any disruption in our services in view of the COVID-19 global pandemic.

Our attorneys and support staff are equipped to work remotely to handle matters reliably and with our usually precision and efficacy. All remote working will be conducted via virtual private networking to maintain client’s data security and confidentiality. Our normal operating hours will continue.

We extend our well wishes to all at these difficult times.

Skip navigation

The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 will take effect from April 15, 2013 in Australia.

The Act raises the standards for patentability and broadens the grounds for examination of Australian patents.  The new law applies to applications filed after April 15, 2013 and applications pending at April 15, 2013 and for which examination has not been requested.  

For any currently pending Australian patent applications, if your application would benefit from a lower level of examination, we recommend that examination be requested on or before April 15, 2013, so as to reduce the chance of objections from the Australian Patent Office.

However if your Australian patent would benefit from a higher level presumption of validity of the final patent (i.e. a prima facie stronger patent), then there may be an advantage in requesting examination on or after April 15, 2013, to take advantage of the more rigorous examination procedure after that date.  

Article Published June 22, 2012