IP Australia: Improvement to the Australian Patent System

IP Australia’s Proposed Initiative 3.3 http://www.innovation.gov.au/innovationreview/Documents/537(R)-IP_Australia.pdf

In addition to a recent post, IP Australia has submitted to the Department of Innovation that the level of patentability needs to accord with international standards. Initiative 3.3 can be summarised from IP Australia's submissions as follows:

“Initiative 3.3 Improvements to the Australian Patent System

Strengthen patent rights and raise the level of patentability to international standards, particularly in relation to novelty and inventive step.

Provide a fast-track option for those patent applications in Australia where a patent for the same invention has already been granted in a recognised jurisdiction.

Tailor examination of patent applications according to the extent of work already conducted by IP offices in countries recognised for their quality.

Increase transparency by providing early patent search and validity opinions that would assist third parties to determine the likely scope of any patent to be granted at an early stage.

Increase transparency by allowing third parties to request examination of a patent application.

Optimise process timings and reduce some of the current legislated timeframes when IP Australia is an office of first filing. This would allow IP Australia’s work to be available for use by foreign IP offices at an earlier date for the benefit of the Australian applicant.”

The initiative(s) proposed above are perhaps particularly relevant when considering the recent Pilot Prosecution Program between Australian and US patent offices:
http://www.ipaustralia.gov.au/patents/international/pph_uspto.shtml
See also the relevant form for PPH applications:
http://www.ipaustralia.gov.au/pdfs/patents/p000001P.pdf