Welcome to the new version of the Patents Manual. Please note there are changes to the numbering and sequence of the chapters and pages in the manual. You are encouraged to take the time to explore and familiarise yourself with this new structure.

Recent updates

Item amended Date Amended Amended Reason
6.2.1 Procedural Outline - International Type Search

Link to Annexure E updated to refer to latest version

7.14 Appeals; ART and Judicial Review; Other Court Actions Involving the Commissioner; Section 105 Amendments

changed AAT to ART in title and link

7.14.2 Administrative Review Tribunal (ART) Review

Page updated to reflect replacement of Administrative Appeals Tribunal (AAT) to Administrative Review Tribunal (ART)

Annex S - Refund of Search Fees

Page updated as to amount of refund allowable for excluded or unsearchable matter

6.2.5 Subjects to be Excluded from the Search

Page updated as to amount of refund allowable for non-establishment of Art15(5) search.

7.9.5 Exemplary Situations in Awarding Costs

Page updated to include information relating to the changes in the scale of costs awardable under Schedule 8 in effect from 1 October 2024.

7.8.1.4 Hearing Fee

Page updated to include note regarding increase in hearing fee in effect as of 1 October 2024

7.9.2 Scale of Costs, Variation of the Scale

Page updated to include information relating to the changes in the scale of costs awardable under Schedule 8 in effect from 1 October 2024.

7.9.3 Awarding Costs, Taxation

Page updated to include information relating to the changes in the scale of costs awardable under Schedule 8 in effect from 1 October 2024.

5.6.8 Patent Eligible Subject Matter (Manner of Manufacture, Usefulness)

Page title updated to accurately reflect content covered in chapter 5.6.8

5.6.7.1 Claims are Clear and Succinct

on page link to chapter landing page updated

5.6.7 Full Disclosure, Sufficiency, Clarity and Support (s40 Considerations)

Page title updated to accurately reflect content covered in chapter 5.6.7

5.6.13.1 Commencing re-examination

Removed reference to transitional provisions for 1952 Act cases following repeal of s233(3) and s233(4) by the Regulator Performance Act 2023

5.6.3.1 Consideration of Amendments made prior to Examination

Page content updated to include information relating to process to be adopted when ISR missing.

5.3.1.1 Formalities required and assessed at filing

Link added to related section 5.6.3.1

5.7.1.9 Annex A - Guidelines for Completing the Voluntary Section 104 Allowance Form

Page updated to include note that S104 tasks now performed in RIO. Link added to relevant resources for processing these tasks in RIO.

5.6.4.1 Prior Art - What is Included (Definition From the Act, Publicly Available, Exclusions, Grace Period)

Reference added to Federal Court in Cytec Industries Inc v Nalco Co [2021] FCA 970 which affirmed that grace period also applies to information published in a “whole of contents” citation.

5.6.10.1 Requirements to Claim Divisional Status

Page updated to clarify that it is possible for divisional applications to contain claims having different priority dates. Further clarification also provided as to when an application is not entitled to divisional status (i.e. when none of the claims are directed to an invention disclosed in the parent). IIP317

5.6.9.1 Conditions and Time for Acceptance

Page updated to clarify the meaning of time for acceptance and the process to adopt when system unavailable in response to IL-5272 and IL5273

EPOQUE-User-Reference-Guide.pdf

Archived

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