The much discussed Intellectual Property Laws Amendment (Raising the Bar) Act 2011 became law on 15 April 2012.
While most provisions of the Act will come into effect on 15 April 2013, there are a number of provisions that took immediate effect, namely:
> Section 119B – Infringement exemptions: acts for obtaining regulatory approval, and
> Section 119C – Infringement exemptions: acts for experimental purposes.
10 Things To Consider Doing Before 15 April 2013
1. Request examination or modified examination prior to commencement for all Australian complete patent applications.
2. Request deferment of acceptance of any pending complete applications prior to commencement.
3. Enter the National phase in Australia and request examination prior to commencement for all pending PCT applications.
4. File a Convention application and an examination request prior to commencement where a PCT application has not been filed.
5. File a complete application and an examination request prior to commencement for Australian provisional applications.
6. File any required divisional applications with an examination request prior to commencement.
7. Convert pending applications which are intended to claim divisional status prior to commencement if the deadline for filing a new divisional application has already passed.
8. If it is intended to withdraw an opposed application, file any required divisional applications (with an examination request) and withdraw the opposed application prior to commencement.
9. Include sufficient description to provide the necessary level of “support” for claims in Australian provisional applications intended for completion after commencement.
10. Amend the specifications of pending applications prior to commencement to clearly describe the utility of the invention and to provide the necessary level of “support” for the claims.
Please contact us if you need further assistance in determining what action you should take in relation to any pending or proposed new Australian patent applications.