Commencement of Intellectual Property Laws Amendment (Raising the Bar) Act

April 15th has seen the commencement of major reforms affecting all areas of Australia’s current Intellectual Property law. The changes are set to make it increasingly difficult for Australian entrepreneurs to obtain a valid patent.

The Intellectual Property Laws Amendment (Raising the Bar) Act addresses 6 key areas of reforms including:

• Raising the quality of granted patents

• Free access to patented inventions for regulatory approval

• Reducing delays in resolution of trademarks and patent applications and disputes

• Assisting the operation of professionals and the IP profession

• Improving mechanisms for enforcement in trade marks and copyright

• Simplifying the IP system

Key Reforms:

Changes in Requirements for Patentability:

The standard of ‘inventive step’ is being raised. The 'inventive step' test involves a hypothetical person skilled in the relevant art to the invention in question. If this person would have considered the invention to have been obvious then the claim fails the inventive step test.

Furthermore, the amendments reinforce the requirement that an invention be useful.

Thirdly, the standards the disclosing of an invention are raised- a step intended to ensure that the patents granted are no broader than the invention as disclosed.

Finally, the amendments are set to widen the grounds on which the Patent Office can examine. The aim of this measure is to increase the certainty in the validity of patents granted. 

Exemptions for Experimental Use

The so-called “experimental use” exemptions will allow engineers and researchers to use patented inventions in experimentation without infringing the Patent; however, the exemption does not cover acts done for commercial purposes

Reduction of Time Periods

As of the commencement date, various time periods have been reduced in a bid to increase efficiency. These include the time for requesting examination and securing acceptance of a patent application.

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