Schedule 6 - Simplifying the IP system
PATENTS REGULATIONS 1991
Period for directions to request examination
The time period for an applicant to request examination following a direction from the Commissioner will be reduced from 6 to 2 months.
The reduced time period will apply to all directions issued, under subsection 44(2) of the Patents Act, on or after 15 April 2013.
This change strikes a balance between giving the applicant sufficient time to decide whether they wish to have their application examined and reducing delays that are not in the public interest.
Examination to acceptance period reduced
In order to provide earlier resolution of patent applications, the time period for applicants to obtain acceptance of their application will be reduced from 21 to 12 months from the date of the first examination report. This 12 month period is the total period in which an applicant has to resolve issues with their application and gain acceptance of the application – it is not a response time.
The reduced time period will apply to all requests for examination made on or after 15 April 2013.
Notice of Entitlement
Changes provide that an applicant must provide a Notice of Entitlement at the time examination of the application is requested.
Early filing of the Notice of Entitlement benefits the general public by providing an early indication of the basis of entitlement claimed and encourages early resolution of entitlement issues.
Hearings
Changes clarify that the Commissioner has the discretion to determine whether an oral hearing is conducted or written submissions are provided for certain matters.
TRADE MARK REGULATIONS 1995
Hearings
Changes clarify that the Registrar has the discretion to determine whether an oral hearing is conducted or written submissions are provided for certain matters.
DESIGNS REGULATIONS 2004
Hearings
Changes clarify that the Registrar has the discretion to determine whether an oral hearing is conducted or written submissions are provided for certain matters.
Last Updated: 30/1/2013
