Ip australia patent examination manual

It was later agreed to extend the pilot program for a further three years ending on 30 June The PPH pilot program leverages fast-track patent examination procedures already available at the offices to allow applicants to obtain corresponding patents faster and more efficiently. The EPO and IP Australia will evaluate the results of the pilot program to determine whether and how the program should be fully implemented after the trial period.

The trial period may be extended if necessary to adequately assess the feasibility of the PPH program. Either party may also terminate the PPH pilot program early if the volume of participation exceeds a manageable level, or for any other reason.

In order to be eligible to participate in the PPH pilot program, the following requirements must be met:. The AU application and EP application claim priority from a common priority document. The priority document can be filed in any jurisdiction; or. The AU application is the basis of priority claim for the EP application; or. The AU application is a divisional of an application referred to in i, ii, iii or iv above.

The AU application is a divisional of an application referred to in i, ii, or iii above. Claims are considered to sufficiently correspond where, accounting for differences due to claim format requirements, the claims are of the same or a similar scope or the claims in the application are narrower in scope than the claims in the corresponding EP application s. However, where Australian law allows variation in the category of claims, applicants may consider adapting their claims, for example to include product by process claims.

The applicant is required to indicate that the claims between the AU and the EP applications sufficiently correspond. The request to proceed under the PPH will often be in the form of a completed PPH request form; however, other formats are acceptable provided the required details are supplied see below. Examination under the PPH can only be requested if examination of the application has not commenced, i. In those instances where the request for participation in the IP Australia-EPO PPH pilot program does not meet all the requirements set forth above, the applicant may be notified of the deficiencies in the request.

Toggle navigation Menu. Closed 27 Nov Opened 19 Oct Results expected 27 Nov Provides principles for effective examination and provides guidance on practices and procedures that achieve consistency of practice across examination sections. Has examination practice, procedures and other legal information formatted and separated in a manner that facilitates their access when they are required.

This survey will be open until 27 November. Audiences IP attorney profession. Amendment is to remove the last sentence of the final note in 2. Section 2. Amendment suggested by Neil Miller to add two paragraphs under "Withdrawal of Postponement" regarding removal of postponement through online services, has now been incorporated and is ready for approval. Clarification of the Commissioner's practice while the appeal of Ono Pharmaceuticals v Commissioner is proceeding.

Clarifying the Commissioner's practice while the appeal of Ono Pharmaceuticals v Commissioner is proceeding. Clarifying the Commissioner's practice while the appeal of Ono Pharmaceutical v Commissioner is proceeding. Updated to address IL relating to claimed invention with high likelihood of patentability issues arising in national prosecution for Art.