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news - 2005
What's new archived - 2005
New Electronic Filing Service for International Patent Applications
Trade Mark Enforcement
ACIP Release Crown Use Report
IPC Reform at IP Australia
Changes to PatSearch to accommodate the IPC Reform
Patents Office change of format of Volume 1 of the Manual of Practice and Procedure
ACIP Patents and Experimental Use report
United States and Australian Patent Offices Launch Pilot Project on International Search and Examination Services
Trade Marks Office Changes to Cross-Class Searching Lists
2005 R&D and Intellectual Property Scoreboard Launched
Designs Act 2003 - Emerging Issues
Trade Mark Assisted Filing Service Launched
Review of the Innovation Patent
New look Smart Start website and booklet launched today
WIPO PCT Seminars in Sydney, Melbourne and Brisbane
Colour Images Now Appearing in the Australian Official Journal of Trade Marks
Review of the Patent Grace Period
Expedited Examination
Trade
Marks Assisted Filing Service - Coming Soon!
70 regional Home Based Business seminars - register now!
Temporary Disruption to IP Australia's Phone/Fax Services
New Trade Marks Application E-form now available
Patsearch issues resolved
Possible errors introduced into the Patsearch database
Amendment of the Manual of Practice and Procedure (Volume 1 - International)
Amendment to Patents Manual of Practice and Procedure (National)
Statement by Working Group on Substantive Patent Law Harmonisation
Trade Marks Online Services announcements
Advice on Changes to Patsearch on 30 April 2005
Record Number of International Patent Filings in 2004 - Australia Ranked 12th
Australia to Chair New Working Group on Substantive Patent Law Harmonisation
Visit to IP Australia from the State Intellectual Property Office of China
15 December 2005
New Electronic Filing Service for International Patent Applications
IP Australia has introduced a new service from today for the online filing of Patent Cooperation Treaty (PCT) international applications in electronic form.
The new PCT Online service is now available through IP Australia’s online services portal.
 PCT Online Official Notice
PCT Online Fact Sheet
PCT Online User Guide
7 December 2005
Trade Mark Enforcement
Parliamentary Secretary for the Minister for Industry, Tourism and Resources, Warren Entsch, today announced the Government’s response to the Review of Trade Mark Enforcement conducted by the Advisory Council on Intellectual Property (ACIP).
The Response and media release are now available.
7 December 2005
ACIP Release Crown Use Report
ACIP released a discussion paper in December 2003 and received a number of written submissions. Submissions were considered and consultations were held with interested parties in Canberra, Melbourne and Brisbane.
Federal Industry Parliamentary Secretary, Warren Entsch MP, today released the report, Review of Crown Use Provisions for Patents and Designs by the Advisory Council on Intellectual Property (ACIP).
The report and media release are now available or hard copies may be obtained by contacting the ACIP secretariat jeff.roberts@ipaustralia.gov.au.
6 December 2005
IPC Reform at IP Australia
IPC Reform seeks to implement a more dynamic and robust patent classification index that is able to meet the demands of a rapidly changing world. IP Australia will be implementing IPC Reform on 1 January 2006. To support this implementation, IP Australia will modifying all of its patents related business and computer systems on 3 December 2005.
The purpose of this document is to describe the essential features of the implementation of IPC Reform at IP Australia.
General Information about IPC Reform
 General Information about IPC Reform
5 December 2005
Changes to PatSearch to accommodate the IPC Reform
On 3rd December 2005, PatSearch was updated in order to accommodate the changes
to IPC marks in line with the IPC Reform. A summary of the changes you will
notice within PatSearch is provided in the attached
document.
1 December 2005
Patents Office change of format of Volume 1 of the Manual of Practice and Procedure
On 1 December 2005, the format of the Manual of Practice and Procedure Volume 1 - International has changed into a new online format.
Note that:
- The present Adobe PDF format will remain available while customers become accustomed to the new online format. The content of the Adobe PDF version is not up to date, and will no longer be updated.
- The content of the new online format is up to date, and will continue to be updated.
- Instructions for how to use the new online format form part of the Manual of Practice and Procedure, and cover navigation, printing, searching, and keyboard shortcuts.
- Feedback about the new online format of the Manual of Practice and Procedure is welcome. Consult IP Australia's Customer Service Charter for formal feedback mechanisms.
9 November 2005
ACIP Patents and Experimental Use report
ACIP has released an issues paper in February 2004 and
received a number of written submissions. Consultations were held during June 2004 and an options paper
was released in December 2004.
A number of written submissions to the options paper were received and considered.
Federal Industry Parliamentary Secretary, Warren Entsch released ACIP's final report on 9 November 2005.
The report
and media release are now available or hard copies
may be obtained by contacting the ACIP secretariat kay.collins@ipaustralia.gov.au.
8 November 2005
United States and Australian Patent Offices Launch
Pilot Project on International Search and Examination Services
On October 26, 2005, the U.S. Patent and Trademark Office (USPTO) and IP Australia, Australia’s
national patent office, initiated a pilot project to test the feasibility of IP Australia performing
search and examination services for the USPTO on international applications filed with the USPTO under
the Patent Cooperation Treaty (PCT).
The attached media release provides more information.
28 October 2005
Trade Marks Office Changes to Cross-Class Searching Lists
Following a review, the Trade Marks Office is making some changes to its cross-class searching list for conflicting goods and services.
The changes extend the current cross-class list to link a number of classes that were not previously linked to better reflect the changing way goods and services are being marketed.
This table explains the rationale behind the changes.
| Class A |
Class B |
Reason |
| Class 1 |
Class 31 |
“Fertilisers” appear in class 1 and “mulches” appear in class 31. These are similar goods often found in the same retail outlet and may be marketed to the same consumers by the same owners. |
| Class 5 |
Class 31 |
“Nutritional additives and supplements for animals for medical use” are classified in class 5, while those for “non-medical use” are classified in class 31. They may be considered to be similar goods, sold for similar purposes through the same outlets. |
| Class 12 |
Classes 35 & 42 |
Vehicle manufacturers are increasingly likely to wholesale and retail their own branded vehicles and related specialised parts as well as those of others. In this context consumers may expect goods and retail of goods branded with the same mark to originate from the same source.
Retail services currently fall in class 35 but used to fall in class 42. |
| Class 14 |
Classes 35, 40 & 42 |
There is a tendency for traders to market their own jewellery brand from their own retail outlet. In this context consumers may expect goods and retail of goods branded with the same mark to originate from the same source. There is also an increased likelihood of these owners offering a custom manufacturing service.
Retail services currently fall in class 35 but used to fall in class 42. |
| Class 25 |
Classes 35 & 42 |
Many clothing brand owners supply and retail their own branded clothing (as well as those of others) through their own retail outlets. In this context consumers may expect goods and retail of goods branded with the same mark to originate from the same source.
Retail services currently fall in class 35 but used to fall in class 42. |
| Class 35 |
Classes 43 & 42 |
“Retail of food and drink” in class 35 appears to be similar in nature to “provision of food and drink” in class 43.
Retail services currently fall in class 35 but used to fall in class 42. |
| Class 36 |
Class 41 |
The “operation of lotteries and gambling / gaming” has moved from class 36 to class 41. |
| Class 44 |
Class 45 |
“Counselling” is currently split into “psychiatric & psychological” in class 44 and “spiritual & religious” in class 45. The inherent character of “counselling” arguably remains the same irrespective of purpose and these services are considered to be similar. |
The changes will be implemented on Saturday 29 October 2005. If you would like to discuss this list please contact Ms Karen Loughhead, Trade Marks Examination, on (02) 6283 2854. Alternatively you can contact Ms Adele McMenemy, Trade Mark Examination on (02) 6283 2987.
View the new cross-class search list
25 October 2005
2005 R&D and Intellectual Property Scoreboard Launched
Complied by the Intellectual Property Research of Australia (IPRIA), business analysts IBISWorld, IP Australia and the Melbourne Institute of Applied Economic and Social Research.Published annually, the Scoreboard outlines the latest available information on the level of R&D and applications for intellectual property (patents, trademarks and designs). The report includes an innovation index, ranking Australia's most innovative firms; R&D expenditure and intensity rankings for parent companies; the level and intensity of intellectual property applications (patents, trademarks and designs) for parent companies; and industry listings (all measures combined).
Read the official media release.
Find out more information about obtaining a copy of the report.
6 October 2005
Designs Act 2003 - Emerging Issues
Since the Designs Act 2003 came into effect in June 2004, stakeholders have raised a number of issues
relating to the current operation and future development of the Act.
An Emerging Issues Paper canvassing three of
these issues has been released.
IP Australia seeks the views of a wide range of stakeholders on these issues, to allow preliminary
consideration of these matters for possible future policy development of the designs registration process.
Comments from stakeholders on other matters relating to the designs process would also be welcome.
Comments from stakeholders and interested parties are requested before 12 November 2005.
Emerging Issues Paper
4 October 2005
Trade Mark Assisted Filing Service Launched
The Assisted Filing Service (AFS) is a new service offered by IP Australia.
The service provides an assessment which can help you determine the suitability of your proposed trade
mark for registration. The Service is simple and fast and offers you the opportunity to speak with an IP
Australia staff member about the registrability of your trade mark with minimum delay.
Find out more about the Assisted Filing Service
26 September 2005
Review of the Innovation Patent
The innovation patent was introduced in 2001 as part of the Australian Government’s Backing
Australia’s Ability initiative. The key objective of the innovation patent system was to stimulate
innovation, particularly in Australian Small to Medium Enterprises, by providing industrial property
rights for lower level inventions.
The Government committed to reviewing the innovation patent system within five years of its
introduction. IP Australia has prepared an issues paper for public consultation as the first step of the
review process. Interested parties are invited to provide written comments to IP Australia on the issues
paper or on the innovation patent system generally by 16 December 2005.
Innovation Patent Review Issues Paper
12 September 2005
New look Smart Start website and booklet launched today.
IP Australia’s new look Smart Start website and related booklet was launched today by Minister for
Small Business and Tourism, Fran Bailey and Parliamentary Secretary to the Minister for Industry Tourism
and Resources, Warren Entsch. The website and related booklet contains a wealth of information designed to
help small business owners understand the importance of protecting their intellectual property (IP).
Visit the website and/or order a copy of the booklet.
To read the official media release by the Hon Fran Bailey MP and the Hon Warren Entsch MP,
click here
12 September 2005
WIPO PCT Seminars in Sydney, Melbourne and Brisbane
WIPO, in cooperation with the Institute of Patent and Trade Mark Attorneys (IPTA) and IP Australia,
are holding a series of seminars about recent developments in the international (PCT) patent system.
The seminars will cover the impact of recent and proposed changes to the PCT seminars, WIPO’s new
PatentScope webportal, and IP Australia’s electronic filing initiatives.
Seminars will be held on the following dates:
Sydney, 10 October 2005
Melbourne, 12 October 2005
Brisbane, 17 October 2005
The seminars are open to IPTA members and the public. Registration fee is $50
Registrations close 30 September 2005. Further information and a registration form are available on the
IPTA website.
Colour Images Now Appearing in the Australian Official Journal of Trade Marks
The next issue of the Australian
Official Journal of Trade Marks, which will be published on Thursday 1 September, will be the first to
display trade marks in colour. Any trade marks since TM 1052163 which were filed in colour will be displayed in colour.
Please note:
- Display of the colour will depend on your computer and its settings. We recommend 32 bit
TrueColour setting.
- Applicants who file trade marks in colour do not usually intend to restrict usage to those colours
alone. Registration rights for use of these trade marks will normally extend to use of the mark in other
colours.
- If a trade mark is restricted to colour, this will be noted in an accompanying endorsement.
- A colour by itself, or in combination with other colours, may also be claimed as a trade mark. This
will be noted in an accompanying endorsement.
If you have any comments regarding the journals, please fill out our
feedback form, or contact IP Australia's
Customer Support Network by telephone on 1300 651 010, or email at assist@ipaustralia.gov.au.
Review of the Patent Grace Period
The 12 month grace period for patents was introduced on 1 April 2002 as a Backing Australia’s Ability
initiative. The grace period protects patents from invalidation by publication of the invention made by,
or with the consent of, the patent applicant, or owner during the 12 month period prior to the filing date
of the application. Grace period protection only applies in Australia. At the time of introduction, the
Government committed to review the grace period two years later. IP Australia released a discussion paper
and nine submissions were received in response. The review has now been completed.
Review of the Patent Grace Period
Expedited Examination
IP Australia has become aware that some trade mark applicants have been sent a brochure from which
they may have gained the impression that a fee is payable to fast track or expedite trade mark
applications.
IP Australia does not charge a fee for requesting that an application be processed quickly, nor
does it charge a fee to assist applicants to present information in the required format.
IP Australia does not include any other organisation's brochures with any notifications of
filing to applicants.
Information about your trade mark application, including personal information, is available on the
Internet. (Search ATMOSS at our website: www.ipaustralia.gov.au
Other organisations or IP consultants may use this publicly available information to offer you their
services. This does not mean that IP Australia endorses, or is connected with these providers or their
services. Please note: letters and reports originating from IP Australia feature the Commonwealth Coat
of Arms and/or IP Australia's letter head.
If you have any enquiries, please contact our Customer Support Centre on: Phone 1300651010; Fax (02) 6283 7999;
email assist@ipaustralia.gov.au
Trade Marks Assisted Filing Service - Coming Soon!
The Assisted Filing Service (AFS) is a new service offered by IP Australia, planned for release on 3 October 2005.
The service is designed primarily, but not exclusively, for self filing applicants, and offers a simple and fast pre-assessment of the registrability of a trade mark. It has been developed to assist first time and low-volume users to file a trade mark with a minimum of delay.
Find out more information about the Assisted Filing Service
70 regional Home Based Business seminars - register now!
From August to December 2005, a series of seminars to assist home-based businesses will be delivered by AusIndustry's Small Business Field Officers, along with guest speakers from IP Australia, the Australian Taxation Office and Austrade.
The Home-based Business Seminars will be delivered in over 70 locations across regional Australia and will cover topics such as:
- intellectual property
- starting a home-based business
- business planning
- risk management
- marketing
Find out more information on registration and the location of a Home-based Business seminar near you.
Temporary Disruption to IP Australia's Phone/Fax Services
5 July 2005
IP Australia's telecommunication systems are being upgraded to accommodate a national customer service phone network. This national network will provide improved services to our customers through the provision of one published number at the cost of a local call from anywhere in Australia.
IP Australia's voice network in Canberra will be unavailable between the hours of 6.00pm and 10.00pm (AEST) on Friday 15 July 2005. This means that all IP Australia telephone numbers (including 1300 651 010) will be inoperable during this time.
In addition State Office voice systems will also be unavailable during the period 6.00pm and 10.00pm local time. As a consequence, the Corporate Fax (02 6283 7999) and State Office fax facilities will also be unavailable during these times.
Customers wishing to lodge date critical documents via the Corporate Fax must do so before 6.00pm (AEST). Normal voice and fax services should resume by 10.00pm AEST Friday 15 July, but customers are strongly advised not to rely on fax facilities being available over the weekend. Where it is appropriate (refer to the ETA Business Rules), other forms of electronic communication should be used.
Enquiries to:
Rob Melvin
Director
Customer Service Network
+61 2 6283 2479
New Trade Marks Application E-form now available
20 June 2005
The new trade marks application E–form is now available.
The major features of the new E-form are:
- the addition of a save functionality;
- increased compatibility with different computers and browsers;
- the option of a pick-list for selecting goods and services; and
- a new look.
Find out more about the new features and benefits.
Let us know what you think of the new E-form by filling in our online customer feedback form.
Change to Trade Mark Application E-form URL
The E-form has a new URL - https://pericles.ipaustralia.gov.au/ols/tmeform/
. The previous URL (http://www.ipaustralia.gov.au/trademarks/online_index.shtml)
will automatically redirect you to the new E-form. If you have previously bookmarked
the E-form application page, please change the bookmark to point to the new
URL -
https://pericles.ipaustralia.gov.au/ols/tmeform/
Patsearch issues resolved
28 May 2005
Issues surrounding Patsearch regarding an error introduced into the database
as part of an upgrade on 30 April 2005 have now been resolved. We expect that
name searching will now return complete results. The list of all applications
and applicant names where the status of the application is 'FILED' is attached.
IP Australia apologises for any inconvenience and thank you for your patience in this matter. If you have any queries please contact the OLS & International Systems Service Support Team on 6283 2880 or email olsis.support@ipaustralia.gov.au
Patsearch Notice
Possible errors introduced into the Patsearch database
23 May 2005
As part of a system upgrade on 30 April 2005 an error was introduced into the Patsearch database.
The effect of the error has been that around 20% of Patsearch records have had their applicant name missing. Consequently any applicant name searches that were performed between 30 April 2005 and 23 May 2005 could have produced incomplete results.
The majority of applications affected were lapsed PCT applications which have not entered the National Phase in Australia. However a small number of applications in the following categories were also identified: -
- active National Phase applications
- PCT applications which have not lapsed but have not yet entered the National Phase
- non PCT applications
For a list of these application please contact the OLS & International Systems Service Support Team on 6283 2880 or email olsis.support@ipaustralia.gov.au
Amendment of the Manual of Practice and Procedure (Volume 1 - International)
20 May 2005
The following Official Notice about Amendment of the Patent Manual of Practice
and Procedure Volume 1 - International, will be published in the Australian
Official Journal of Patents 2 June 2005
In May 2005 amendments were made to the Manual of Practice and Procedure Volume
1 - International.
The changes relate to: Clarification regarding the approach examiners take to Lack of Unity and Broad Claims in ISR's (paras 1.1.3, 1.3.32, 1.3.34, 1.6.2-1.6.4, 1.11.17, Part 1 Annex D.2 & Annex E.5)
Amendment to Patents Manual of Practice and Procedure (National)
17 May 2005
The principal change relates to updating Part 25 to better explain the issues relating to employees' involvement with inventions, and providing better guidance to patent examiners as to what level of assistance they can provide applicants with during examination without infringing upon section 196 (Part 25).
Click here to view the Patents
Manual of Practice and Procedure.
Statement by Working Group on Substantive Patent Law Harmonisation
16 May 2005
Statement Released by Working Group on Substantive Patent Law Harmonisation
For more information see Australia to Chair New Working Group on Substantive Patent Law Harmonisation
Trade Marks Online Services announcements
5 May 2005
Trade marks now displayed in colour
Changes have been made to image processing in IP Australia to allow trademark images to be viewed in colour. As a result trade mark images filed in colour will now be viewable in colour in ATMOSS and in the Trade Marks Image Viewer.
However representations of the colour will depend on your computer and its settings. We recommend 32 bit TrueColour setting.
Please note:
- Applicants who file trade marks in colour do not usually intend to restrict usage to those colours alone. Registration rights for use of these trade marks will normally extend to use of the mark in other colours.
- If a trade mark is restricted to colour this will be noted through an accompanying endorsement.
- A colour by itself or in combination with other colours may also be applied for as a trade mark. An example of the colour or colour combination claimed and also an endorsement describing the colour trade mark should be supplied with the application.
This change took effect for any trade marks received after TM 1052163. The next phase of the project will be to backcapture prior applications received in colour.
Trade Marks Online Manual of Practice and Procedure updated
The online Trade Marks Manual has been updated into a more user friendly format. The new look manual can be found on our Resources – Manuals page
New Trade Marks Glossary of Image Descriptors
In response to feedback from customers, an up to date listing of image descriptors showing examples of many of the descriptors in use has been made available on the IP Australia website on the TM Search page
This is an adjunct to the existing Image Descriptor search which can be found through links on the TM Search page or via ATMOSS.
Advice on Changes to Patsearch on 30 April 2005
5 May 2005
Background:
Feedback from patents searchers has helped to identify the key information and functions outstanding in Patsearch. Patsearch users identified that their first priority was to get access to more information. The aim of the release on the 30 April 2005 has been to make a start in addressing this by adding some of the highest priority required fields to Patsearch.
New Fields:
The following information has been added:
- Applicant address has been added to innovation and standard patent records
- Under opposition flag
- Earliest priority date and filing date has been added to the Priority details screen
- Publication history details including
- Publication action
- Publication date
- Journal volume
- Journal issue
- Document kind
- Reason code
Note: a table of publication codes has been added to the Patents
Search Advice page.
- Table displaying details of extensions of time under section 223
- PCT OPI date
- Date ceased
- Reason for ceasing
- Deferment date
If you have any further enquiries, or if you would like to give us feedback,
please phone: Our Customer Support Network phone number: 1300 65 10 10 Or fill
in our Feedback Form.
Record Number of International Patent Filings in 2004 - Australia Ranked 12th
15 March 2005
According to WIPO figures release last week, a record number of international Patent Cooperation Treaty filings were lodged in 2004. Of the 120,000+ PCT applications received, 1,804 were from Australia, representing 1.5% of all PCT applications and a 7.1% increase over 2003.
Australia was the 12th biggest user of the PCT system last year, and once again the United States was the largest source of PCT applications. The biggest growth in PCT applications in 2004 came from Japan (+16.6%), the Republic of Korea (+19.3%) and China (+37.8% growth).
Last year was also special for WIPO due to the filing of the 1 millionth international patent application under the PCT.
For further information, view the press release on the WIPO website.
Australia to Chair New Working Group on Substantive Patent Law Harmonisation
7 February 2005
An Exploratory Meeting of Interested Parties Concerning the Future of Substantive Patent Law Harmonisation was held in Washington on 3 & 4 February 2005. The meeting was attended by representatives of 22 countries including Australia as well as representatives from the European Commission and the European Patent Office.
The meeting agreed on a Statement of Intent as follows:
Statement of Intent
-
The Participants ("Participants") of the Exploratory Meeting of Interested Parties Concerning the Future of Substantive Patent Law Harmonization, held February 3-4, 2005 in Alexandria, Virginia, wishing to promote and facilitate progress on certain key issues under consideration in the World Intellectual Property Organization (WIPO), agree to convene future meetings to consider:
- substantive patent law harmonization issues, notably the Trilateral "first package," as developed by the United States Patent and Trademark Office, the European Patent Office and the Japan Patent Office and set forth in WIPO Document WO/GA/31/10; and
- issues with regard to intellectual property and development, including proposals for a WIPO Development Agenda and proposals relating to genetic resources,
with a view to seeking a common basis for further discussions in WIPO.
- The Participants agree that the following parties will be invited to participate in the future meetings: all Members of WIPO Group B, Member States of the European Union, the European Commission, Member States of the European Patent Organization, and the European Patent Office.
- The Participants further agree to have regular, intersessional meetings of subgroups to address the issues reference in Paragraph 1.
A timetable for the first series of meetings was also developed. The UK and the Netherlands agreed to co-chair the meeting on the Development Agenda and related issues, Australia agreed to chair the meeting to progress work on some key technical elements of substantive patent law harmonisation (prior art, grace period, novelty and inventive step). The Trilateral Patent Offices agreed to provide the venues and logistical support for all meetings with the European Patent Office providing this support in 2005. The first meetings of the sub-groups are expected to be held in April and May 2005.
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Visit to IP Australia from the State Intellectual Property Office of China
12 January 2005
From 3-4 December 2004 IP Australia hosted a visit by a delegation from the State Intellectual Property Office of the People's Republic of China (SIPO), lead by the Commissioner of SIPO Mr Wang Jingchuan.
The main elements of the discussion between the two offices included:
- Exchange of IP-related information including IP laws and regulations, published patent documentation, annual report and other relevant information.
- Exchange of views and experience through appropriate means, such as the exchange of visits by senior officials or IP experts to facilitate the development of industrial property systems, subject to available resources.
- Investigation of the feasibility of carrying out a joint prior art search program to exchange experiences on search and examination.
- Exchange of views on international IP issues, such as issues discussed at the World Intellectual Property Office and other international forums.
- Organisation of future meetings between the Heads and other officials of the both offices at convenient times and locations for the purpose of strengthening the existing ties.
Left to right
Mr Stuart Atkins, Assistant Director, Business Directions & International Cooperation, IP Australia
Mr Phil Spann, Deputy Commissioner of Patents, IP Australia
Mr Dave Herald, Deputy Commissioner of Patents, IP Australia
Mr Wang Jingchuan, Commissioner, State Intellectual Property Office of China
Ms Fatima Beattie, Commissioner of Patents, IP Australia
Ms. Jiao Gang, Deputy Director General of General Affairs Department, State Intellectual Property Office of China
Ms. Song Jianhua, Deputy Director General of International Cooperation Department, State Intellectual Property Office of China
Mr. Zhang Haiyang, Chief of Asia and Pacific Division, International Cooperation Department, State Intellectual Property Office of China
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