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ARTICLE · 18 MARCH 2013

Raising the Bar for patent opposition procedures

A patent opposition is a cost-effective tool to challenge the validity of a patent application or an innovation patent.

AustraliaIntellectual Property

Certain changes prescribed by the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (http://www.comlaw.gov.au/Details/C2012A00035) are due to come onto effect on 15 April 2013. In addition to the widely-publicised tightening of patentability standards and patent examination procedures, a notable change will be the streamlining of patent opposition procedures and, of particular note, the introduction of regulations to make it more difficult to secure extensions of time for filing evidence.

A patent opposition is a cost-effective tool by which the validity of a standard patent application or an innovation patent may be challenged at the Patent Office (compared to costly litigation in the Federal Court). Currently, a Notice of Opposition to a standard patent application must be filed within 3 months of the publication a Notice of Acceptance of the application. A statement of grounds and particulars must be filed within three months of the filing date of the

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