IP Australia has published the Intellectual Property Legislation Amendment (Raising the Bar) Regulation 2013 which will implement the Intellectual Property Laws Amendment (Raising the Bar) Act 2012, by specifying the administrative and technical details required to give effect to the Raising the Bar Act.

The draft Regulation (subject to being made by the Governor-General on advice of the Executive Council) and the accompanying proposed Explanatory Statement may be viewed here.

When the Raising the Bar Act and Regulation come into effect on 15 April 2013, they will make changes that include:

  • raising the quality of granted patents by altering the tests for patentability to increase their alignment with equivalent tests in other jurisdictions;
  • reducing delays in the resolution of patent and trade mark applications by altering procedures for opposition and patent divisional applications;
  • changing the operational provisions for Australian patent and trade marks attorneys;
  • improving the mechanisms for trade mark and copyright enforcement; and
  • simplifying the IP system to ensure it is easier to use.

Once the Regulation is made, an authoritative version will be published.