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Mallesons Stephen Jaques
Who does this affect?

Anyone involved in filing or enforcing patents in Australia.

What do you need to do?

Please approach the named contacts or your regular Mallesons contact to discuss any queries raised by the developments discussed in this article.

Authors
Wayne McMaster  
Partner

Victor Tse  
Solicitor and Patent Attorney
Wayne McMaster  
Partner
T +61 3 9643 4407

Sydney
Kim O'Connell  

Melbourne
Robert Cooper  

Brisbane
John Swinson  

Changes to search results requirements - 23 October 2007

Standard patent applications

The Australian Patent Office no longer requires applicants to file the results of documentary searches due for filing at the Patent Office on or after 22 October 2007.

However, it is still necessary to file search results due before 22 October 2007 for standard applications advertised as accepted before 22 July 2007.

Those search results need to be lodged with the Patent Office within:

  • 6 months after requesting normal examination, or
  • 6 months after the search is completed.

There is no need to file search results due before 22 October 2007 for any other standard application.

Innovation patents

There are similar requirements for innovation patents undergoing examination. Search results due on or after 22 October 2007 do not need to be filed.

Extension of time

Extensions of time are available on a monthly basis for filing the required search results for standard applications and innovation patents.

This publication is only a general outline. It is not legal advice. You should seek professional advice before taking any action based on its contents.