Australia seeks public submissions on proposed IP amendments

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Australia seeks public submissions on proposed IP amendments

IP Australia is seeking comments on the implementation of proposed changes that will bring the New Zealand and Australia patent regimes closer together

Australa and New Zealand

IP Australia's consultation paper outlines the new system, which would affect not only the regulation of the patent attorney profession but also create a single application process (SAP) as well as a single examination process for those patent applications (SEP).

This particular consultation focuses on the proposed changes for the implementation of the trans-Tasman patent attorney regime that will cover both countries. It also provides a brief overview of the proposed system allowing for filers to submit just one patent application for both countries as well as allow a patent examiner in either Australia or New Zealand to examine the application to determine whether to grant patents for that application in both countries.

Submissions are due February 15 and may be sent to consultation@ipaustralia.gov.au.

Some of the proposed amendments include treating the New Zealand Qualifications Framework as equivalent to the Australian Qualification Framework rather than as an overseas qualification, and reconstituting the current Professional Standards Board for Patent and Trade Marks Attorneys as the new Trans-Tasman IP Attorneys Board. Proposed transitional changes include allowing New Zealand-registered patent attorneys to register as Australian trade mark attorneys even though New Zealand currently does not have trade mark attorneys as a profession.

The consultation paper notes that there will be a separate consultation on the SAP and SEP provisions.

These proposed changes are part of Intellectual Property Laws Amendment Bill 2014, which was introduced in the House of Representatives earlier this year and passed on November 24. The bill also received its second reading in the Senate the next day. Compared to the Raising the Bar Amendments which came into effect in April 2013, the changes in this bill are relatively minor.

In addition to this consultation, IP Australia is also seeking public comments on an exposure draft of amendments to the regulations related to Intellectual Property Laws Amendment Bill 2014. Like comments concerning the trans-Tasman patent attorney regime, submissions are due February 15 and may be sent to consultation@ipaustralia.gov.au.

For more, see Managing IP's previous coverage of this bill.

more from across site and ros bottom lb

More from across our site

Sources at four firms explain how changes to USPTO fees provide opportunities to give clients strategic counselling
An intervention by Dyson into the UK’s patent box regime and a report unveiling the major SEP owners were among the big talking points this week
With the threshold for proving copyright infringement by AI tools clearer than ever, 2025 could answer some of the key questions
Partners at Latham & Watkins and Finnegan reveal how they helped explain their client’s technology to a jury
One of Managing IP’s most influential people in IP for 2024, Hurtado Rivas discusses mental health in the profession, the changing role of a trademark lawyer, and what keeps a Nestlé IP counsel busy
Transactions specialist Mathilda Davidson, who has joined from Gowling WLG, says the firm will help clients seeking venture capital investment
Sources in the US, UK, and Australia hope that pressing questions surrounding AI and patent eligibility will finally be answered this year
Two partners who joined Brown Rudnick last year explain how their new firm’s venture capital experience is helping them accomplish their goals
Michael Gaertner explains why Locke Lord’s merger with Troutman Pepper sparked the need to seek a new home and why Buchanan Ingersoll & Rooney ticked the right boxes
The appointment makes good on the firm’s promise to boost its UPC expertise
Gift this article