Australia raises patent threshold

Peter Ollier, Hong Kong


IP Australia is changing its examination practice to improve patent quality and limit the use of divisional applications

These are the first changes to be made after the government began a thorough review of the country's patent system in 2009.

"There is a perception in Australia that the threshold is very low, which makes it very hard to invalidate a patent," said Shyama Jayaswal, a senior associate of Mallesons Stephen Jaques in Melbourne.

IP Australia amended the Patent Manual of Practice and Procedure on August 1 to indicate that, where a patent application relates to solving a problem, examiners can consider the...



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