PATENT PRACTICE & IP AUSTRALIA BUSINESS RELATIONS COMMITTEE
OBJECTIVES OF COMMITTEE
• monitoring closely the practice of IP Australia as it pertains to the filing, examination, and grant of applications for patents, as well as decisions of the Australia Patent Office (APO) and Federal Court of Australia relating to patents;
• monitoring the experience of IPTA members in their interactions with IP Australia in the filing, examination, and grant of applications for patents, trade marks and designs;
• examining problems experienced by members of IPTA in their interactions with IP Australia in filing, prosecution, and grant of applications for patents, trade marks and designs; and
• consulting with relevant sections of IP Australia to address issues or problems identified.
The Patent Practice & IP Australia Business Relations Committee is charged with the following responsibilities:
• Monitoring changes (and proposed changes) to the practice of IP Australia that have the potential to impact on the Australian patent system, especially relating to patent examination procedure, the interpretation of legislation and Court decisions, that have the potential to impact patent applicants, patentees and third parties.
• Monitoring changes (and proposed changes) to the practice of IP Australia relating to physical (electronic) or procedural practices and fees, that impact intellectual property system users, applicants, owners and third parties.
• Taking part in consultations with IP Australia to ensure that the views of IPTA members and their clients are taken into account before any changes to practice are implemented. This includes attending Patent Consultation Group (PCG) meetings on behalf of the IPTA Council and preparing and filing of submissions on behalf of IPTA.
• Working in cooperation with other IPTA Committees (e.g. the Patents Legislation Committee) to develop and implement strategies for raising concerns with IP Australia to ensure that any adverse or potentially adverse impact on applicants and owners (or third parties) resulting from changes in practice is minimized or avoided. including the preparation and filing of submissions on behalf of IPTA.
• Monitoring Australian court decisions and case law development to ensure they support strong protection for patented inventions in Australia as balanced against legitimate interests of the public and third parties, identifying areas where Australian patent practice might need to be revised or applied differently to ensure maintenance of a strong and fair patent system, and raising concerns with IP Australia and working with them to achieve any change necessary, including if needed filing (with Council support) applications on behalf of IPTA to intervene in court cases.
• Attendance at consultation meetings organised by IP Australia or other bodies charged with the responsibility of reviewing aspects of Australian practice as it relates to patents and patented inventions.
• Submissions prepared on behalf of IPTA.
• Changes made to practices of IP Australia and/or new IP Australia practices resulting from work of the Committee.
• Notifications of developments to IPTA members.