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ARTICLE · 17 MAY 2013

Changes to divisional applications deadlines in Australia – is there a need for precautionary filings?

Spruson & Ferguson Lawyers
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Recent patent legislative changes introduced in Australia have changed the deadlines for filing divisional applications.

AustraliaIntellectual Property
Jacinta Flattery-O'Brien(Formerly With Shelston IP)
Jacinta Flattery-O'Brien(Formerly With Shelston IP)
Kieran Williams
Kieran Williams
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Recent legislative changes introduced in Australia from 15 April 2013 by the Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 have changed the deadlines for filing divisional applications.

Previously, a divisional application could be filed at any time up until grant of the parent application (although the claims of a divisional application lodged three months after advertised acceptance of the parent were required to fall within the scope of the accepted claims of the parent). This allowed the applicant of an opposed application to file a divisional application at any time during opposition proceedings – providing a safeguard in case the opposition was successful.

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