Policy ID: 
83
Status: 
Legislative drafting
Priority: 
High
Issue summary: 

The Raising the Bar Act introduced s40(3A) into the Patents Act to prohibit omnibus claims unless it is absolutely necessary to define the invention. Due to drafting oversight the amendment only allowed this to be considered during the examination of patent applications. It failed to allow reporting on this requirement at other stages.

Amendments to the Patents Act to allow patents specifications to be assessed for their compliance with s40(3A) during re-examination, opposition or revocation proceedings, or when amendments are proposed to the specification will ensure omnibus claims cannot be introduced at other stages.

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

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.

Tag: 
Patents