News

Patent applicants no longer need to disclose search results to Australian Patent Office

05 Nov 2007

The Australian Government announced that from 22 October 2007 patent applicants requesting examination no longer have to disclose search results from overseas patent offices to the Australian Patent Office.

How does this change affect applicants for standard patents in Australia?

• If your application was or will be advertised as accepted on or after 22 July 2007, you do not need to disclose any search results.
• If you requested examination of your application on or after 22 April 2007, you do not need to disclose any search results.
• If you requested examination of your specification before 22 April 2007 and your application was advertised as accepted before 22 July 2007, you must still disclose any search results that were due before 22 October 2007. The regulations allow for late filing of search results.

How does this change affect applicants for innovation patents in Australia?

Similar changes have also been made to the requirement to disclose search results for innovation patents.

Please use our worksheet to help you work out whether you must disclose your search results. Please contact us if you would like more information about this change to Australian patent regulations.