Published in the Australian Official Journal of Patents on 2 June 2022

Section 229 of the Patents Act provides that the Commissioner may, by written instrument, determine formalities requirements for patent documents.

IP Australia has published an updated instrument determining the formalities requirements in relation to complete applications in the Official Journal of Patents.  The updated instrument differs from the previously published Patents (Formalities Requirements for Patent Documents) Determination 2019 with respect to its commencement date of 1 July 2022.  This results in a change to the filing requirements for amino acid sequences and nucleotide sequences in Australian Patent Documents, which from 1 July 2022 must comply with WIPO ST.26.

The updated instrument commences on 1 July 2022.  For applications filed before this date, WIPO ST.25 will apply and for applications filed on or after this date WIPO ST.26 will apply. 

The Manual of Practice and Procedure is being updated to reflect these changes.  Users are encouraged to consult the Manual if they are uncertain as to the application of the new requirements. 

For more information, please contact Nathan Madsen in Patent Oppositions and Hearings.

Publish online date: 
Wednesday, June 29, 2022