We are pleased to advise that Jane Glover and Dan Beck will be presenting this Webinar on Tuesday 27 August 2019
The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 came into force on 15 April 2013.
According to the explanatory memorandum, the Raising the Bar Act was intended to introduce more stringent tests consistent with those applied in European jurisdictions for the requirements relating to disclosure and support. An analysis of the degree to which IP Australia appears to be following the approach of Europe and the UK in applying these provisions will be presented.
The law of disclosure in New Zealand was ostensibly harmonised with that of Australia under the new Patents Act – both jurisdictions now apply the “clear enough and complete enough” test. Nonetheless, some differences remain both in terms of the law itself and the way in which it is being applied in practice by examiners.
The current approach may well change over time as a result of guidance from decisions from Assistant Commissioners and from the courts. Also, recent UK cases such as Warner-Lambert are likely to have a substantial impact.