Australian Patent Search Results - Important Change in Practice

On 22 October 2000, new regulations in relation to the filing of search results for patent cases have come into force in Australia.

The following rules now apply:

1. For new applications filed on or after 22 October 2007, applicants do not need to file any search results.

2. For pending standard applications where advertisement of acceptance occurred or will occur on or after 22 July 2007 applicants do not need to file any search results (even if they were overdue as at 22 October).

3. For pending standard applications or patents where the advertisement of acceptance occurred before 22 July 2007, applicants will still need to file the search results unless either:

(a) The search was completed on or after 22 April 2007 or

(b) The request for examination was filed on or after 22 April 2007.

Please contact us immediately if you have any questions.

In the event that search results need to be filed, please refer to this link for further information. “What is required” for further information.

This overview is intended merely to highlight areas where Australian Law may be different to that of other jurisdictions. For further or more specific information on Remedial Extension of time provisions in Australia, please contact Chris Owens (cowens@fbrice.com.au) or any of the other practitioners of F B Rice & Co via our website at www.fbrice.com.au.

The information contained in this alert is provided for informational purposes only and does not represent legal advice. Neither the APLF nor the author intends to create an attorney client relationship by providing this information to you through this message.

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