Documentary Search Results Obligation Removed

An official notice was published on 18 October 2007 by IP Australia advising of amendments to the Patent Regulations 1991 with regard to regulations made under subsection 45(3) and section 101D of the Patents Act 1990

From the 22 October 2007, there will no longer be an obligation to inform the Commissioner of the results of documentary searches. These searches could be made by or on behalf of the foreign patent offices.

The only exception to this is that, if the final date by which an applicant or patentee was required to inform the Commissioner of the results of a search under the regulations before 22 October 2007, and the Commissioner was not informed of the results of the search by the final date, the results of that search remains outstanding. The amending legislation does not excuse any past failure to comply with the disclosure obligations.

A further change to the Regulations provides that the time within which a person may file a notice advising the Commissioner of prior art relevant to an application, is extended to three months after the advertisement of acceptance, rather than up to the date of acceptance as was previously the case.

For further information please contact Peter at peter.smith@ekmpatent.com