IP Reform – Patents will no longer be ‘sealed’
22 Mar 2013
The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 comes into full effect on 15 April 2013. One of the changes included in the Act is that it will no longer be necessary to 'grant' a patent by applying a physical 'seal'. This amendment will result in the sealed 'Deed of Letters Patent' being replaced with a 'Certificate of Grant' for Innovation and Standard patents granted on and from 15 April 2013.
Currently both Innovation and Standard Patent Applications are granted by the process of 'sealing' followed by a 'Deed of Letters Patent' being issued to the patentee. The process of 'sealing' refers to the act of applying a physical seal (originally an embossed wax seal) to the paper patent deed. From 15 April 2013 the current patent status of 'sealed' will be aligned with the internationally recognised term 'granted' and the patent details will be registered in the Register of Patents.
Why is the terminology changing?
Internationally, most countries refer to their enforceable patents as being 'granted' rather than 'sealed'. In the past this created some confusion around what the Australian IP system refers to as a 'sealed' patent. Moving to use the term 'granted' in Australia will help minimise confusion with foreign applicants and users by using internationally consistent patent terminology.
The move away from physically 'sealing' a patent also allows us to provide an electronic means of grant. This will improve the Australian patent systems ability to conduct business electronically.
We are implementing this terminology change on 23 March 2013; changes will be noticeable in the following places;
- The Supplement to the Australian Official Journal of Patents (AOJP)
- AusPat, the search system for Australian Patents.
Changes to the Supplement to the Australian Official Journal of Patents (AOJP)
Granted patents will be listed under the heading of 'Patents Granted' instead of 'Letters Patent Sealed'.
Details about how the AOJP and the Supplement to the AOJP are changing information in the journals that refer to old legislative terms will be updated on 23 March 2013 and 15 April 2013 (dependant on the change required). All new relevant actions will use the new terminology.
Changes to AusPat
The data associated with records in the AusPat database will be updated to replace the word 'sealed' with the word 'granted'. Additionally changes to the available search criteria will be made to reflect new terminology.
How AusPat is changing
There are changes that you will need to make to the way you use AusPat from 2 March 2013:
- You will need to review and update the 'MySearches' you have created/uploaded to ensure that status of 'Sealed' is replaced with 'Granted'. This will ensure the correct results are returned.
- When using the 'Quick', 'Structured' or 'Advanced' search you will need to use the updated Application Status picklist option of 'Granted' instead of 'Sealed'.
- Searches using the Publication Action picklist will change from showing 'Letters Patent Sealed' to 'Letters Patent Sealed/Patent Granted'.
- The Publication History will refer to the legislative terminology applied at the time a Publication Action was documented i.e. if the Publication Date falls prior to 2 March 2013 then the associated Publication Action will continue to refer to the current legislative terminology (see Figure 1).
Figure 1 - AusPat Publication History
What can I expect on and after 23 March 2013?
AusPat was upgraded on Saturday 23 March 2013 to version 2.3 between 8:30am to 9:00pm (Canberra Time) to implement the above changes.
As a result of the upgrade the search database will be rebuilt. This will result in limited search functionality until 26 March 2013.
During the search database rebuild the following limitations are expected:
- No results will be displayed when searching for Application Status of 'Granted' using the Structured search feature.
- The results displayed when searching for Application Status 'Sealed' using the Advanced Search will return a list of records on the Application Details page with a status of 'Granted'.
- Data added between 22 March 2013 and 26 March 2013 will be updated in the database but will not be searchable until 26 March 2013.
Frequently Asked Questions
Do these changes affect the standard of right issued to you by us?
No, these changes do not affect the right standard. The change is related to the terminology and not the process. Other changes related to the Raising the Bar IP Reforms will raise the standard to be met when being issued a patent. You can read more information about about IP Reforms.
Why is this change being made prior to the commencement date, and how can IP Australia make the change early?
We must have system, process and procedure changes in place prior to the commencement date for the Raising the Bar Act. We understand that these changes will require changes to be made not only by us but also by our customers, for example updating saved searches. This change is being implemented early to provide adequate time prior to the commencement for both us and our customers to be ready.
Why won't the historical Publication Action in the Supplement to the AOJP and AusPat be updated to reflect the granted Application Status?
The Publication Action reflects a snapshot of what has happened to that patent at a point in time. Maintaining the original wording while updating the Application Status keeps the historical accuracy of the patent and brings the patents status in line with current terminology. This decision also rules out the need to structure searches with 'sealed' or 'granted'.
Will I receive a 'Deed of Letters Patent'?
Patent applications granted between now and 15 April 2013 will receive the deed in line with the existing legislation. Patent applications granted on and after 15 April 2013 will receive a 'Certificate of Grant'.
Last Updated: 15/9/2012
