The most significant amendment to Australia’s patent legislation since enactment of the current Patents Act 1990 (Cth) has now come into effect with the passing of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) into law.
The changes brought about by the new law will also be felt in a procedural sense for patent applicants, patentees and opponents alike, with the commencement of new proceedings and the cancellation of others previously available under the old law.
In this guide we outline the key changes under the new law, our analysis, possible action items and timing. Given the complexity of the new law, our commentary is necessarily of a general nature and we strongly advise you to contact us should you require professional advice on any particular issue.
If you or your clients have business interests in Australia, it is very important that you come to an understanding of the new law sooner rather than later, as in many instances, the opportunities to be had and the risks to be mitigated under the new law will require you to take relevant action now.