Policy ID: 
Legislative drafting
Issue summary: 

Patent applications and associated documents are published to ensure that the public is able to benefit from the knowledge of an invention. However, when patent applications contain sensitive information, such as commercial or personal information, which is not necessary to the understanding of the invention, publication is not appropriate.

In 2016, the PCT and Patent Regulations were amended to allow IP Australia and WIPO to omit sensitive information from publication for PCT applications and instead allow publication of redacted versions.

For standard and innovation patent applications or related documents, the Commissioner utilises the power under regulation 4.5 to publish redacted versions of documents. However, this regulation refers to ‘documents’ rather than ‘information’. Amendments to the Patents Act to give the Commissioner clear power not to publish certain information within a document will reduce uncertainty and ensure that sensitive information is not published.

Legislative drafting 26-Mar-2018
Consultation 23-Jul-2018 to 31-Aug-2018
Legislative drafting 1-Sep-2018

IP Australia consulted on draft legislation from 23 July to 31 August 2018. The Bill will be introduced into the Parliament in 2019, subject to the Government’s priorities