The Australian patent practice will be subject several changes with effect from April 1, 2002. The Patents Amendment Act of 2001 requires that for the purposes of assessing patentability, a patent
applicant should inform the Commissioner of the results of any searches which are conducted anywhere in the world in respect of corresponding patent applications.
Also, the Australian patent application must establish the universal novelty of the invention and not only the domestic one. As of April 1, the invention as claimed must be novel and inventive when compared with a combination of any 2 or more pieces of prior art information. The new amendments entitle the Commissioner to re-examine patent applications which have been accepted but not yet granted. Finally, the government intends to implement a 12 -month grace period for public disclosure of inventions.
PHILIPS ORMONDE FITZPATRICK