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FICPI Australia Memorandum and Articles of Association, Code of Ethics & Guidelines is located in the Members' Area

Submission on IP Australia's Public Consultation Papers (August 2017)
Dec 2017 (PDF-340kb)

Response to IP Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill and Regulations 2017
Dec 2017 (PDF-110kb)

FICPI Submission on IP Australia patent Search and Examination Products Review
Nov 2017 (PDF-221kb)

Response to Productivity Commission Inquiry Report
Feb 2017 (PDF-891kb)

Response to Exposure Draft of the Intellectual Property Laws Amendment Bill and Regulations
Feb 2017 (PDF-368kb)

FICPI Australia made submissions on 3 November 2017 in response to a request for comments on IP Australia's patent search and examination products addressing a number of key areas including:

  • first Office Actions and International Search products
  • reasoning and legal rigour and support
  • ability to maintain objections during prosecution
  • IPA practices of finding further citations during prosecution

FICPI Australia commented that in general, its members considered these products to be adequate although specific issues were noted concerning:

  1. examiner reliance on Foreign Examination Reports (FERs) where FER objections had either been overcome by argument alone in foreign prosecution, or did not apply under Australian law;
  2. insufficient rigour being applied in relation to computer-related inventions where Manner of Manufacture objections are made as a matter of course without due consideration of the invention and the relevant case law;
  3. new objections being made late in prosecution (including late citation of new prior art located in original IPA searches) which cause difficulties for Australian patent applicants who have a limited timeframe for achieving acceptance.
  4. lack of consistency between clear AU originating IPRPs and subsequently issued adverse AU examination reports raising new Manner of Manufacture, novelty and/or inventive step objections; and
  5. Section 40 issues being raised for the first time late in examination.

Members are encouraged to inform FICPI of specific issues arising from IP Australia practices or policy that impact their work, both positively and negatively.

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Members' Area
This area contains submissions to various bodies and committees that have been prepared by FICPI Australia which may not yet be public documents. When those documents become public they will also be made available as a Press Release or Article on these pages. Members are invited to view the documents and submissions contained herein as they were submitted. The documents and submissions are made available for members’ information only. If members have any comments, please direct them to the Secretary.


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