The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 has now been passed by the Australian parliament. Most provisions of the Act will come into effect on 15 April 2013 and there are (at least) 10 things to consider doing before this date:

  1. Request examination or modified examination prior to commencement for all Australian complete patent applications.
  2. Request deferment of acceptance of any pending complete applications prior to commencement.
  3. Enter the National phase in Australia and request examination prior to commencement for all pending PCT applications.
  4. File a Convention application and an examination request prior to commencement where a PCT application has not been filed.
  5. File a complete application and an examination request prior to commencement for Australian provisional applications.
  6. File any required divisional applications with an examination request prior to commencement.
  7. Convert pending applications which are intended to claim divisional status prior to commencement if the deadline for filing a new divisional application has already passed.
  8. If it is intended to withdraw an opposed application, file any required divisional applications (with an examination request) and withdraw the opposed application prior to commencement.
  9. Include sufficient description to provide the necessary level of “support” for claims in Australian provisional applications intended for completion after commencement.
  10. Amend the specifications of pending applications prior to commencement to clearly describe the utility of the invention and to provide the necessary level of “support” for the claims.