According to a press-release issued by the Australian government, a patent examination office is to be opened in Melbourne, providing 41 local jobs. See:
We hope this is a sign of increased interest in patenting, signifying that the World Wide Recession is soon over.
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Posted by Michael Factor
In Patent Office Circular, M. N. 75, the Israel Commissioner of Patents, Dr. Meir Noam, has restored Australia to the list of countries whose examination is considered on a level with the Israel Patent Office’s standards, such that as far as novelty, inventive step, unity of invention and utility is concerned, if the Australian patent office grants a patent for an invention, the corresponding Israel application is allowable under Section 17c of the Law, providing the claim-set is conformed.
Back in 2008, Dr. Noam removed Australia from the list but did not provide any explanations for his actions. Presumably the decision was based on some perceived flaw in the Australian examination. Apparently Dr. Noam is now assured that Australian patents are up to standard.
Whilst accepting Dr. Noam’s authority to decide who should and should not be in the list, we believe that in the interests of transparency, the Commissioner should provide at least minimal explanation for such changes.
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Posted by Michael Factor
Back in December 2008, the Israel Commissioner of Patents, Dr. Meir Noam, ruled that an Australian patent was no longer to be considered as an acceptable basis for allowing allowance under Section 17c of the Israel Patent Law, without substantive examination in Israel. Presumably the decision indicates a dissatisfaction with Australian patent examination as not being considered as being of appropriate standard. See http://blog.ipfactor.co.il/2008/12/09/israel-patent-…an-counterpart/
A recent Taylor Wessing Global IP Index 2009 has rated Australian IP standards very highly, at #4 globally
http://www.taylorwessing.com/ipindex/. This contrasts favorably with Israel, ranked 12th overall and 14th for patents.
Golja Haines & Friend http://www.fghip.com.au/ have informed us that Australia now allows electronic filing, and they have even developed a system to help clients file PCT national phase entries into Australia in a convenient manner, via a portal on their website.According to colleague, Patent Attorney Shimon Shalit (who, as an ex-Examiner received a much sought after invitation to the exclusive Opening Ceremony of the new premises) there are plans to allow electronic filing of Israel patent applications next year.
Australia, like Israel, has a modified examination, http://www.ipaustralia.gov.au/pdfs/patents/specific/modified.pdf allowing a patents to issue, based on a corresponding foreign patent being allowed. The list of countries includes: the USA, Canada, New Zealand, or a country that is a signatory of the European Patent Convention, for example the United Kingdom.
Perhaps Israel’s dropping Australia from the list of Section 17c countries is a reflection of Australia not including Israel on their list?
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Posted by Michael Factor
The Australian Patent and Trademark Agency, like that in Israel, US and Europe, operates as a closed agency, using income Read the rest of this entry »
2 Comments | Australia, Israel, Israel Trademark, trademarks | Permalink
Posted by Michael Factor
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