Schedule 1 - Raising the quality of granted patent

PATENTS REGULATIONS 1991

Search at Examination

Revises the fee structure for examination of standard patent applications filed in Australia. The regulations will introduce a search fee of $1400 which will be payable if a full search needs to be conducted at examination. The new fee structure will reflect the amount of original work done by examiners and the degree to which examiners rely on work done under the PCT or by foreign patent offices.

We will provide further guidance closer to the commencement date on implementation of the search fee.

Preliminary Search and Opinion

Provides a voluntary option for applicants to request a Preliminary Search and Opinion

(PSO), conducted by IP Australia. The PSO will be similar to a PCT international search, and will have a fee of $2200. A PSO can be requested on a complete application at any time before examination is requested.

Please note that no regulation changes where made for Schedule 2 of the Australian Intellectual Property Laws Amendment (Raising the Bar) Act 2012.

Last Updated: 30/1/2013

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