Policy ID: 
83
Status: 
In Parliament
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

In Parliament 25-Jul-2019

Comments: 

IP Australia consulted on draft legislation from 23 July to 31 August 2018.

This item is included in the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 which was introduced to the Australian Parliament on 25 July 2019.

Tag: 
Patents
50

Policy feedback

Mandatory fields are marked with an asterisk *

More information
  • Files must be less than 10 MB.
  • Allowed file types: jpg jpeg png rtf pdf doc docx.
By clicking the submit button below, you consent to any personal information you provide through this form being handled in accordance with the Privacy Notice and the IP Australia Privacy Policy

Privacy Notice

The personal information you provide to the Policy Register (including through any submissions) is collected by IP Australia for the purposes of gaining stakeholder insights and feedback into various policy issues and feedback on the Policy Register trial. Your personal information is handled in accordance with our Privacy Policy and is protected by the Privacy Act 1988. Our Privacy Policy states how you may access and correct the personal information we hold; how we protect your personal information; how you may make a privacy complaint and how we will deal with your complaint; and the contact details for IP Australia’s Privacy Contact Officer. Please read our Privacy Policy for more information.

Any personal information you provide will be used for the purposes of administering the Policy Register and the Policy Register trial, responding to feedback, and contacting you in relation to any feedback. IP Australia may provide any personal information collected to IP Australia staff, the Department of Industry, Innovation and Science and the relevant Ministers’ offices. IP Australia will not disclose your personal information to any overseas recipients.

Whilst your personal information may be provided anonymously, IP Australia may not be able to contact you or respond to your feedback.

IP Australia will not otherwise use or disclose your personal information without your consent, unless authorised or required by or under law. By providing any personal information to the Policy Register (including through any submissions), you consent to your personal information being handled in accordance with this privacy notice and the IP Australia Privacy Policy.

Close