This guest post by Tom Gumley, PhD, a partner in the well-known Freehills Patent and Trademark firm provides a lengthy guide to the changes wrought by Australia’s new patent law, that was enacted on April 15, 2012. The law brings Australia closer to the US in many of its legal standards and, like the AIA, goes into effect at various times in the future.
We are pleased to provide Freehills’ guide to Australia’s new patent law [available at the end of this post] that was signed into law on April 15, 2012.
This new law will have far-reaching consequences for those seeking and enforcing patent rights in Australia, and ultimately will establish a class of new Act patents to which higher validity standards required by the new law will apply, and old Act patents to which relatively lower validity standards established by the old law will apply.
There will also be important consequences regarding exemption from infringement for patentees and alleged infringers with the codification of experimental use provisions, and a broadening of old law exemptions to cover acts done for seeking regulatory approval of any product for which approval is required for marketing.
If you or your clients have business interests in Australia, it is very important that you come to an understanding of the new law sooner rather than later, as in many instances, the opportunities to be had and the risks to be mitigated under the new law will require you to take relevant action now.
Given the complexity of the new law, our commentary is necessarily of a general nature and we strongly advise you to contact us should you require professional advice on any particular issue.
Tom Gumley PhD
Freehills Patent and Trade Mark Attorneys
Guide to Australia’s new patent law