The higher standards will apply to major aspects of patentability including inventive step, utility and written description and will take effect for all applications for which examination is requested on or after 15 April 2013. As this deadline approaches, we are seeing a significant rise in clients requesting examination early on pending applications to take advantage of current lower patentability standards.

If you have a currently pending PCT application and the national phase is due on or after 15 April 2013, and you prefer that the application be assessed (throughout its life) against the current lower existing patentability standards, then it is critical that you instruct us well before 15 April to enter the national phase by that date and to request examination concurrently with filing. A similar consideration applies to any Paris Convention applications that you may wish to file in Australia.

Please contact FB Rice at should you have any questions or wish to proceed.