Australia (AU)

07/04/2004 UPDATE: The Australian Patent Office has extended the deadline within which to disclose search results in patent applications to 01/02/2004. Results may be submitted by whichever is the later of 6 months from completion of search or 6 months from the date of examination request.

20/10/2004 UPDATE: The Patents Act 1990 has been amended so that the lack of utility and prior use are now grounds on which a patent application can be challenged or refused as well as revoked

Amendment effective from 27/10/1999 states that where an extension of time under S.223 is granted to extend the period for filing a convention application, or for filing a complete application associated with a provisional application, the date of the patent will be the end of the 12-month period for filing a convention application or filing an associated application, not the subsequent date on which the application was actually filed. The amendment effective from 01/01/2000 – Date of a patent for divisional applications regulation 6.3 (f) and (g), states that the date of the divisional patent will always be the date of filing of the first application in a chain of divisional applications. This replaces the evidentiary test of the date being the first application in the chain that disclosed the invention. Other amendments: Industry, Technology & Commerce Legislation Amendment Act (No. 66 of 1991) plus acts Nos. 58 and 108 of 1994. Regulations (Statutory Rules 1991, No 71). As a result of an appeal, claims to the method of treatment of the human body are now patentable in Australia. This will, in effect, alter the Australian patent law practice. 

The Patents Amendment Bill 2001, introduced into Parliament in May 2001, was passed on 27/09/2001 and took effect on 01/04/2002. This act will implement improvements to Australia's IP system. The Patent Amendment Regulations came into effect on 03/01/2002. From 01/01/2002 the Regulations will reduce the maximum number of PCT designations for which payment is necessary from six to five thus reducing the fee an applicant will have to pay if more than five states are designated. The Bill brings Australia more clearly in line with major trading partners, e.g. US and Europe. and proposes changes in the following areas: stricter novelty and inventive step requirements for patentable inventions; imposing positive duty of disclosure upon an applicant to satisfy the Commissioner that the invention is novel and inventive, and to reveal the results of the search. The Bill will bring Australia more clearly in line with major trading partners, e.g. US and Europe.

The Intellectual Property Laws Amendment Act 2003, was passed by Parliament on 19/06/2003 and received Royal Assent on 26/06/2003. The Act amends the extension of time provisions in the Patents, Trademarks & Designs Acts where a time period is not complied with due to an error or omission by a third party and replaces the procedure for disclosure of search results under sections 45 and 101D of the Patents Act.