...

Outline of main policies and plans aimed at development of patent information activities and expected time frames for their realization

EPO MoU - IP Australia and the European Patent Office (EPO) signed a memorandum of understanding (MoU) in 2015 on bilateral cooperation. Cooperation activities under the MoU are wide-ranging and include reciprocal access to patent information and the establishment of a Patent Prosecution Highway (PPH) pilot programme between the two offices. These activities are aimed at improving the global IP system to support applicants and encourage innovation. The MoU also encompasses a pilot project for IP Australia to gain experience in the Cooperative Patent Classification (CPC) and cooperation to ensure the interconnectivity of Global Dossier and WIPO CASE to allow reciprocal access to patent related dossier information.

Regional Patent Examiner Training (RPET) – Two intakes of RPET have completed the program with 21 participants successfully graduating.  The program, which was launched in 2013 with eight examiners from Malaysia, Indonesia, the Philippines, Kenya and the African Regional Intellectual Property Organization (ARIPO) has expanded to include Thailand and Vietnam. The RPET program has allowed the concept of competency based training to be integrated into the way the participating countries deliver their patent examiner training. This work has been supported by ASEAN-Australia-New Zealand FTA Economic Cooperation Work Program (AANZFTA ECWP) and World Intellectual Property Organization (WIPO) as well as the participating offices involved.  In addition to the planned three intakes RPET has been expanded to include a fourth intake which commenced in April 2016 and is due to be completed in 2018. The RPET program is achieving significant change in all of the participating countries, with countries reporting that they are reviewing aspects of their searching, report writing, quality and training practices.

New projects launched or resumed this year in the context of the policies and plans mentioned above, short description: aims, partners, tasks

IP Australia is continuing to– liaise with New Zealand in the development of Single Economic Market (SEM) proposals and legislative amendments. The Bill passed through the Australian Parliament in February 2015. An equivalent Bill was introduced into the New Zealand Parliament in November 2015. Public consultation on proposed regulations for Trans-Tasman Patent Attorney Regime and models for Single Application Process and Single Examination Process is ongoing.

 Note: On 13 July 2016 a Select Committee of the New Zealand Parliament recommended that the SAP and SEP elements of the New Zealand Bill not be passed. IP Australia is waiting for the New Zealand Parliament to decide whether or not to accept the recommendation.

Main areas of patent information activities and related information and communication technology (ICT) practices which were in the focus of attention last year

The RIO (Rights in One) programme is a body of work currently being undertaken by IP Australia in an effort to build a system to manage workflow and IP right cases based on user centred design methodology. The RIO programme will see IP Australia harmonise its IP Rights through process re-engineering, simplification of technology and processes and legislative requirements.

Statistics: changes in terms of application filings and grants with respect to previous year; trends or areas experiencing rapid changes

Changes experienced in terms of application filings and grants with respect to the previous year:

 2014:

Patent applications filed = 25,947 (including NPE and direct applications)

Patents granted = 19,304

PCT designations = N/A*

2015:

Patent applications filed = 28,605 (including NPE and direct applications)

Patents granted = 23,098

PCT designations = N/A*

*(note all states were automatically designated for PCT filings from 1 January 2004)

Trends or areas experiencing rapid changes with respect to the previous year:

The increase in patent applications is largely due to increased non-residents NPE applications that can, in part, be attributed to the America Invents Act. Total 2015 filings from the United States increase by 19% when compared to 2014, to 13, 781 applications.

The effects of the IP Laws Amendment (Raising the Bar) Act 2012 that took force in 2013 impacted on the number of patent granted as response time for overcoming objections was reduced from 21 months to 12 months under the new Act. This created an overlap of the end of response time for the new and old Acts in 2015. 

Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.

Latest news

Latest news is featured on the home page of IP Australia's website:

http://www.ipaustralia.gov.au/

Statistics

https://www.ipaustralia.gov.au/about-us/economics-ip

 Annual Report

http://www.industry.gov.au/AboutUs/CorporatePublications/AnnualReports/Pages/Annual-Report-2014-2015.aspx

Patent Search System

http://pericles.ipaustralia.gov.au/ols/auspat/quickSearch.do

II. SERVICES AND ACTIVITIES RELATED TO PATENT INFORMATION CARRIED OUT BY THE OFFICE

Information and support provided by the Office to applicants regarding filing on paper and/or e-filing (instructions, seminars, etc.) - URLs

Planning, administration, automation, security, buildings

IP Australia’s third party Contact Centre provides a central contact for customers to obtain information about a wide range of Intellectual Property issues.  Customers contact the Centre via telephone, and online enquiry form with around 95% of matters of a general nature solved at the first point of contact.

Increasingly, IP Australia is using its website as a means of providing an alternative means of public access to these services.  Patents can be searched by external clients via AusPat.

IP Australia has implemented a system to support business-to-customer (eServices) data exchange of patents, industrial designs and trade marks transactions. This system provides a platform for IPA customers to interact electronically with our office. As such traditional modes of filing and communication, such as fax, have been decommissioned.

IP Australia has recently implemented a system to support business-to-business data exchange of patents, industrial designs and trade marks transactions with its high volume clients (Patents and Trade Mark Attorneys). This system will be consistent with WIPO electronic filing and National e-commerce standards.

URLs of web pages of the Office's website for electronic filing of patent applications

http://www.ipaustralia.gov.au/get-the-right-ip/eservices/

URLs of web pages of the Office’s website that provide information on business procedures such as: filing, publication, examination and grant procedures related to patents; opposition and appeal procedures related to patents; etc.

General information

https://www.ipaustralia.gov.au/patents

Publications and forms

https://www.ipaustralia.gov.au/tools-resources/patents-forms

and

https://www.ipaustralia.gov.au/tools-resources/patent-journals

http://pericles.ipaustralia.gov.au/ols/epublish/content/olsAvailablePatentPDFs.jsp

Examiners Manual

http://manuals.ipaustralia.gov.au/patents/Patent_Examiners_Manual.htm

URLs of web pages of the Office’s website that provide a description of information products and services offered by the Office (e.g., patent search service(s) and patent databases), as well as information on how to access and utilise them

https://www.ipaustralia.gov.au/patents/understanding-patents/patent-basics

Availability of the application dossier in electronic form

Patent application dossier is available through eDossier. This is accessible via IP Australia's front facing search system AusPat.

http://pericles.ipaustralia.gov.au/ols/auspat/quickSearch.do

Bibliographic data is captured and held in an oracle database with Java Interface. Updates occur nightly i.e. on a 24 hourly basis.

Classification¹, preclassification² (if applicable), reclassification³ activities; classification systems used (e.g., International Patent Classification (IPC)); matters concerning indexing of patent information

Patent applications are classified into the latest edition of the International Patent Classification. As of 1 January 2006, IP Australia implemented the use of IPC 8 (reformed).

IP Australia no longer reclassifies Australian designated PCT applications at the open for public inspection stage.

Abstracting, reviewing, and translation of the information contained in patent documents

Examiners redraft applicant prepared abstracts of non-PCT national applications when they are found to be deficient to an extent that they are unable to fulfill their function. The abstracts of PCT national phase applications are not reviewed as these have been thoroughly evaluated in the international phase.

Other activities

No comment is made here.

III. SOURCES OF PATENT INFORMATION PROVIDED BY THE OFFICE

...

Main types of publications of the Office (patent applications, full text, first pages, abstracts, bibliographic data, granted patents, etc.), medium (on paper, on CDs, online

...

– URLs)

The number of patent documents published in 2014 in the Australian Official Journal of Patents (AOJP) was:

* patent applications open to public inspection (AU-A) = 7,175
* patent applications advertised accepted (AU-B) = 24,262

Note:

The AU-A figure includes standard patent, and innovation patents made open to public inspection (OPI) either pre-grant or at grant. [Does not include National Phase Entries.]

The AU-B figure includes standard patent acceptances and innovation patent certifications.

Official Gazettes: 

...

main types of announcements, frequency of publication, medium (on paper, on CDs, online

...

– URL), etc.

Official notices and changes to office procedures are published in the AOJP.

These Official notices, and many other patent related notices (including the manual of practice and procedure), are also put directly on the IP Australia website under the Patent notices section.

The supplement to the Australian Official Journal of Patents may be found at:

http://pericles.ipaustralia.gov.au/ols/epublish/content/olsAvailablePatentPDFs.jsp

Information on IP Australia’s Bulk Data Products can be found at:

https://www.ipaustralia.gov.au/about-us/doing-business-us/bulk-data-products

Information products and patent document collections (coverage, medium, etc.) available to examiners, including external collections and databases

IP Australia uses commercial search tools EPOQUE, STN and GenomeQuest to search databases such as EPODOC, WPI, full text patent databases and many non-patent literature databases.  Additionally, many free patent and non-patent literature databases available on the internet are also searched.

Information products and patent document collections (coverage, medium, etc.) available to external users, conditions of access (e.g., free of charge, subscription, etc.)

Australian patent specifications are made available through Bulk Patent Specification e-data.

The Office continues to receive foreign patent specifications on CD-ROM and DVD. The following databases and information are available through the IP Australia website:

AusPat (free of charge):

This search system contains bibliographic and status information about patent applications filed in Australia from January 1979. In some cases, details of patents filed before January 1979 are also available. AusPat also contains International Patent Classification information for the majority applications from 1920; IPC version 8 has been applied to applications filed from 1970.

Subscription-based mailing lists:

https://www.ipaustralia.gov.au/about-us/news-and-community/stay-informed

Legal status information (kind of information, coverage, medium, etc.)

See "In House Systems" and above.

Other sources

No comment is made here.

IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO PATENT INFORMATION CARRIED OUT BY THE OFFICE

Specific software tools supporting business procedures within the Office:  general description, characteristics, advantages, possible improvements

...

Word Processing and Office Automation

Current standard desktop software includes Microsoft Windows 7 with Microsoft Office 2010 Professional Plus.

Infiniti a document generation tool has been deployed to semi-automate report generation using templates

(New) techniques used for the generation of patent information (printing, recording, photocomposing, Optical Character Recognition (OCR), etc.)

The Office's publication system provides the following functions:

• Production of the AOJP Supplement as a PDF file. The Supplement covers applications from 2002.  The journal is published on IP Australia’s website;
• Production of patent certificates and original register entries; and
• Production of notices for patent applicants or their agents.

The other part of the Office's publication system is mainframe based and produces:

• PDF file of the Australian Official Journal of Patents.  This covers applications/patents up to 2002;
• Patent certificates and original register entries; and
• Notices for patent applicants or their agents.

 Hardware used to support business processes of the Office

In-house systems (online/offline)

IP Australia has on-line filing facilities for patent applications which allow all new patent applications, as well as all other patent related requests, to be filed electronically. These on-line filings interface directly to IP Australia's electronic case file management system, PAMS, which allows these applications to be processed electronically. The AusPat search system provides public access to a range of the bibliographic data and text of full specifications held in PAMS.

External databases

IP Australia uses commercial search tools EPOQUE, STN and GenomeQuest to search databases such as EPODOC, WPI, full text patent databases and many non-patent literature databases.  Additionally, many free patent and non-patent literature databases available on the internet are also searched.

Administrative management systems (e.g., register, legal status, statistics and administrative support)

See Section “In-house systems” and “Information products and patent document collections” for this information.

Equipment used (hardware, including the types of terminal and network used, and software), carriers used

IP Australia’s Head Office has an Ethernet-based LAN providing high speed bandwidth for each user desktop connection. A DMZ-based, ASD approved firewall using IAN ports (Internet IEFT Assigned Numbers) provides the secure means to allow access from internal systems/users to external entities such as the Internet or public/private organisations.

IP Australia's Home Based Workers and Out-posted Workers supplied with IPA hardware connect using Windows machines with Citrix Receiver – they have access to a Virtual Desktop that is supplied using Citrix XenDesktop . They also have the option to use published applications provided by Citrix XenApp. All of the Citrix infrastructure runs on VMWare vSphere sitting on Dell x86 Hardware. Users connecting using their own hardware may use a variety of devices, however, they still have access to a Virtual Desktop that is supplied using Citrix XenDesktop and have the option to use published applications provided by Citrix XenApp.

The current SOE includes Windows 7 with Office 2010 Professional Plus, IE 11 and Microsoft Outlook.

Existing online thesauri; their structure, presentation and usefulness for computerized searches

No comment is made here.

Internal databases: 

Hardware used to supporting business processes of the Office

...

coverage, updates, interlinks with external sources

The primary business system is the Unix / Java application PAMS which runs in an environment which includes Sun Solaris, Oracle RDBMS, J2EE, BEA Weblogic, and Objective EDMS. IP Australia is in the process of transitioning its major business applications from the mainframe to our strategic server infrastructure environment.

Full specifications of all non-PCT designated AU-A and AU-B patent specifications are available on the website AusPat.

AusPat is IP Australia's customer facing search system that contains bibliographic and status information about patent applications filed in Australia from January 1979. In some cases, details of patents filed before January 1979 are also available. AusPat also contains International Patent Classification information for the majority applications from 1920; IPC version 8 has been applied to applications filed from 1970.

Updates

Updates to the website information about all non-PCT designated AU-A and AU-B patent specifications occur on a weekly basis.

Updates to the website information about patents bibliographic data occurs nightly.

Storage

Australian patent specifications are made available through Bulk Patent Specification e-data.

Australian bibliographic data is made available in XML format through the Bulk Data product.

The Office continues to receive foreign patent specifications on CD-ROM and DVD.

Establishment and maintenance of electronic search file:  file building, updating, storage, documents from other offices included in the search file

No comment is made here.

Administrative management electronic systems (register, legal status, statistics, and administrative support)

See "In-house Systems" and "Information products and patent document collections"

Other matters

No comment is made here.

V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF PATENT INFORMATION

Patent library:  equipment, collection management, network of patent libraries in the country, cooperation with foreign patent libraries

Collecting, acquisitions, preparation

No comment is made here.

Collection management, preservation

All Australian Patents records/documents are handled in accordance with Office procedures set down under Australian Law and archiving practices.

Interlibrary lending, resource sharing, networks of patent libraries in the country

(No comment is made here – the title above will not appear in the report).

Information services available to the public (including computerized services and search files contained in libraries remote from your Office and patent information posted by your Office on the World Wide Web)

Australian Patents data is searchable on the EPOs Espacenet:

http://www.epo.org/searching-for-patents/technical/espacenet.html#tab1

Information services are available on the IP Australia website:

http://www.ipaustralia.gov.au/

Publications related to different business procedures and patent information sources available to users, for example, books, brochures, Internet publications, etc.

...

IP Australia provides lots of useful links and topics on a wide range of business procedures and patent information external to IP Australia through navigation of our website.

http://www.ipaustralia.gov.au/

Office’s initiatives on providing foreign patent information in the local language(s) (e.g., machine translation tools, translation of abstracts)

Use of external software including:

• AltaVista Babel Fish Translation
• SYSTRAN Translation
• Google Language Tools
• Free Translation

Additionally IP Australia has several multi-lingual examiners acting in the additional capacity of providing document and abstract translation.

Cooperation with universities, research

...

centres, technology and innovation support

...

centres, etc.

Exporters

To support the relationship with the Export Council of Australia, IP Australia has developed a range of international fact sheets available online to assist Australian businesses when approaching a global market.

The suite currently includes fact sheets for China, Canada, India, Indonesia, Japan, New Zealand, Singapore, South Korea, Thailand, European Union and the USA. We are currently undertaking a review of the fact sheets and will work with our international IP office counterparts to ensure their ongoing value.

For 2015-16 our partnership with the Export Council of Australia continues and our body of work involves collaborating on a range of content including web and various publications and communication activities, cross-promotion through digital channels (in particular social media channels) and support of events, programs and speaking opportunities, to assist Australian businesses when exporting. 

Accountants:

IP Australia has continued to team up with CPA Australia, an accounting body with more than 150 000 members, to deliver a long-term, tailored information campaign to help accountants understand the benefits of identifying and protecting IP assets.

A new Intellectual Property section on the CPA Australia website is now live and consists of a landing page as well as a general technical issues page which contains the reworked Q&As from the two live chats.

Recorded versions of informative webinars have also been published. Engineers:

IP Australia has continued to engage with Engineers Australia; Australia’s peak Engineers professional forum.  There has been an increased focus on utilising national media channels to disseminate IP educational messages and information.

SMEs:

IP Australia has conducted a number of workshops aimed at helping start-ups and small businesses understand the basics of IP before starting a business.  With content focussing on patents and trade marks, as well as general IP management considerations, twenty workshop sessions were hosted around Australia in capital cities and regional centres. Future program enhancements will include refinements to the content to address specific industries such as digital products, or specific business needs such as expansion into international markets including China.

Vocational Education and Training (VET)

Future managers and leaders look set to be more IP-savvy following IP Australia’s  successful bid to have IP included in core units in a new Diploma of Leadership and Management in the Vocational Education and Training (VET) sector.

Universities

University IP Seminar Series:

The purpose of these seminars is to partner with universities to provide an annual lecture on IP that is entertaining and engaging.  As part of IP Australia’s University Research and Commercialisation Plan, a number of initiatives have been identified to increase IP education and awareness within the higher education sector.

One of these initiatives is to deliver a series of TEDx style events with:

•             A compelling narrative – a message that people want to share;

•             Well-rehearsed engaging presenters who don’t need notes;

•             Minimalist, graphically designed slides;

•             A live webinar and Q&A Twitter hashtag for the virtual audience; and

•             Flexibility to accommodate the needs of the host university.

In 2015, IP Australia partnered with the Queensland University of Technology (QUT) to pilot the TEDx format. This event was a success and provided the impetus for IP Australia to formalise a program of TEDx events as part of the agency’s University Research and Commercialisation Plan. The first of these was held in partnership with the University of Technology Sydney (UTS).

Titled Clever Commercialisation: the value of IP in collaboration, the TEDx event held at UTS aimed to attract researchers, entrepreneurs, business leaders, policy makers and investors to join a conversation about innovation, commercialisation and entrepreneurship. The event was very well received, with a lot of delegate and speaker interaction on IP and collaboration and innovation more broadly.

Videos of each presentation are available on IP Australia YouTube Channel.

Secondary Students

IP Australia has partnered with Questacon and the CSIRO to deliver intellectual property workshops to talented and emerging young entrepreneurs.

Education and training:  training courses, e-learning modules (URLs), seminars, exhibitions, etc.

IP Stakeholders Forum (IPSF)

This is the principal forum for consultation, discussion and information exchange on IP matters with the attorney profession and industry.

IP Summit

To commence next year, the IP Summit will be an annual event which draws together attendees from industry, academia, the IP profession and government to discuss and share information on IP issues of strategic importance.

Executive Visits Program (EVP)

The EVP was established to provide engagement opportunities between IP Australia’s Executive and senior representatives from industry associationsand private enterprise IP rights filers. By engaging proactively with these stakeholders, through IP Australia initiated consultations, the agency can demonstrate its commitment to seek out views and opinions on IP matters of strategic importance.

Indigenous Stakeholder Engagement

IP Australia has continued to deliver its indigenous engagement program through the highly successful Dream Shield banner.  However, a revised indigenous engagement plan has been developed during 2015/16 that has resulted in closer cooperative ties with peak indigenous business support agencies. In addition, improved penetration of IP educative messaging via the increased use of digital media channels has been endorsed for 2016 and beyond. 

State -based Events

State-based events targeted a diverse range of business and industry sectors including SMEs, students, researchers and exporters.

Other activities

IP Australia’s website

The IP Australia website (www.ipaustralia.gov.au) has 2 million visits per annum and is the front door to IP Australia’s digital information and service transactions. It plays a critical role in educating and supporting our customers and facilitating transactions with the agency. In April 2016 the website was redeveloped and relaunched featuring a new information architecture (structure), design, content and user tools. Extensive user research and feedback informed the redevelopment process to ensure the site continues to serve customer needs.

IP Toolkit

The IP Toolkit was launched in September 2015 to provide information and resources to help establish the terms for managing and using IP in collaborative activities. The Department of Industry, Innovation and Science (DIIS) and IP Australia jointly developed the IP Toolkit.

The IP Toolkit has three parts – (1) guides with important information such as tips and case studies, (2) tools such as checklists and a term sheet, and (3) model contracts. This information is packaged into PDF documents and hosted on Business.gov.au.

To better meet the needs of the user, IP Australia has been working with DIIS to enhance the content and usability of the toolkit.

IP Australia expects these changes to be completed early in the 2016-2017 financial year.

Social Media

Social media allows IP Australia to enhance our corporate reputation and interact with our key stakeholders and react to situations in a timely and transparent manner.

As part of our continued efforts to improve and increase IP Australia’s presence on social media channels, consistent with the IP Australia External Communication Strategy 2015-2018, we are undertaking a series of online advertising campaigns through the Government’s dedicated media and advertising agency, Mitchell AdCorp to raise public awareness of IP rights.

Our agency has added value to customer communication with its active social media presence. With more than 5 social media accounts and over 9,500 followers collectively, our agency is seeing an increase in online engagement and building more meaningful relationships with customers, influencers and other relevant stakeholders.

eServices and B2B

IP Australia’s eServices and B2B channels are the agency’s customer electronic lodgement platforms:

• eServices is IP Australia’s web-based self-service portal that is widely used by private applicants and attorney firms.  This portal caters for every service request type available across Trade Marks, Designs, Patents and Plant Breeder’s Rights.

There are currently over 125,000 registered eServices users.

• B2B (business-to-business) is an MFT file transfer product IP Australia supports for high-volume customers; enabling the direct transmission of large numbers of service  requests directly into IP Australia’s internal systems. B2B caters for the majority of service request types available across Trade Marks, Designs, Patents and Plant Breeder’s Rights.

There are currently 14 customers that have integrated the B2B software into their case management network.

Since the release of these platforms in 2013, IP Australia’s customer base has significantly changed its lodgement behaviour.  There is currently a 98% uptake of the electronic platforms.  During the concept and build of these platforms, the agency had envisaged an 80% take-up in the two-three years succeeding their release. These aims have been well exceeded as of early 2016.

Electronic Correspondence

In September 2014, IP Australia introduced electronic patent correspondence for eServices and B2B customers. This major release represented a first for the agency and assisted us to further streamline our processes and reduce our reliance on physical resources such as paper. Subsequent releases in 2015 has seen the vast majority of Patent, Trade Mark and Design correspondence (including IP Rights certificates) transition into electronic formats and submitted to customers by way of either the Online Service or B2B channel.  Customer feedback has been positive about this improved functionality.

Additionally, the agency is currently trialing the inclusion of ‘meta-data’ within the individual correspondence files.  This initiative was developed from customer feedback (specifically from IP Professionals) as a response to their requests with efforts to completely streamline electronic correspondence concerning their IP Rights.

Electronic Patent Certificates

In August 2015, IP Australia extended the electronic correspondence capability to include electronic patent certificates for our customers. All customers who transact with us via our preferred online channels will now receive patent certificates electronically via eServices or B2B.

ePCT

ePCT is now our preferred channel for filing PCT applications and associated requests.

ePCT is a WIPO online system that permits Receiving Offices (RO), International Authorities and registered customers access to the latest bibliographic data and documents on file at the International Bureau (IB). It also allows registered users to upload electronic documents relating to an international application directly into the IB's processing system.

Using the ePCT system, you can submit online requests for different actions to be performed and view the most up-to-date bibliographic data and documents contained in the international application, including those that have not yet been published. It also gives the registered user additional functionality to manage roles, portfolios and receive notifications in accordance with their PCT needs and preferences.

Other benefits for using the ePCT system include:

• Filing of new International Applications;
• The ability to maintain, monitor and review multiple PCT portfolios;
• Immediate allocation of a PCT application number upon filing;
• A reduced International filing fee for an electronic filing;
• Access to up to date information on each application;
• Ability to allocate and manage roles and access to selected parties;
• Ability to upload documents for consideration by the processing office;
• A link to WIPO's DAS system, obtaining their priority documents from DAS; and
• It does not require installation and maintenance of any software locally.

ePCT currently at 50% uptake with external customers.  A ePCT Payment facility is not available at this stage, however, WIPO is expecting to offer this functionality in the future.

VI. INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF PATENT INFORMATION

International exchange and sharing of patent information in machine-readable form, e.g., priority documents, bibliographic data, abstracts, search reports, full text information

International or regional cooperation in the exchange of machine-readable information, e.g., bibliographic data, abstract and/or full text information

Full specifications of all non-PCT designated AU-A and AU-B patent specifications are available on IP Australia’s website, and are updated on a weekly basis.

Australian patent specifications are made available through Bulk Patent Specification e-data.

Australian bibliographic data is made available in xml format through the Bulk Data product.

Medium used for exchange of priority documents

Certified copies of Australian patent applications for use as priority documents in foreign applications are provided in paper form. Priority documents on which Australian applications are based are required in paper form. Priority documents can also be provided in electronic form using the WIPO DAS service.

Medium allowed for filing applications

IP Australia has on-line filing facilities for patent applications which allow all new standard patent applications and innovation patent applications to be filed electronically. IP Australia also accepts applications filed in paper form.

Participation in international or regional activities and projects related to patent information

IP Australia presented at the following seminars and workshops in 2015

• WIPO Work Sharing Seminar (Singapore February 2015). IP Australia presented on the use of WIPO CASE and mechanisms in Australia for challenging patent validity;
• WIPO CASE National Workshop to facilitate work sharing – (Indonesia April 2015);
• WIPO CASE National Workshop to facilitate work sharing – (Philippines May 2015); 
• Patent Information Users Group (PIUG) – (Chicago May 2015). IP Australia’s Patent Analytics Hub was asked to present on the topic of “The use of patent analytics for informing public policy decisions in Australia”;
• WIPO Regional Workshop on Free and Open Source Tool for Patent Analysis (Philippines November 2015);
• National Workshop on Patent Law (Vanuatu, November 2015). IP Australia presented at this workshop which focused on multilateral Legal Frameworks and Patent Grant Procedures and
• OECD IP Statistics for Decision Makers (Vienna, November 2015), this annual event is the peak conference on the use of data, statistics and economic evidence in IP policy.

Vancouver Group

The Vancouver Group (VG) was established in 2008 and is made up of the IP Offices of Australia, Canada and the United Kingdom.

The VG aims to:

• Share information and experiences on common issues and areas relevant to managing a mid-sized national IP office, and
• Contribute to a more effective multilateral approach to work sharing in a manner that supports the principles of the Patent Cooperation Treaty.

Through working together in a smarter, more collaborative way, the VG aims to better meet the needs of innovators and users of IP.

The current priority of the VG is the patents-related work.  This led to the development of the VG Mutual Exploitation Initiative where the three offices rely on each other’s searches and examination reports where substantially similar applications are filed in more than one office.  The VG offices agreed in July 2009 to implement the Mutual Exploitation initiative.

More recently, the Vancouver Group Offices have been working together to develop a combined approach to patent quality. In 2014, the VG offices agreed to a pilot program for independently auditing one-another’s work. The heads of the VG offices, in early 2015, agreed to proceed with a continuation of the audit program, reviewing different areas of technology in turn.

WIPO-CASE

The Vancouver Group and WIPO developed the Centralized Access to Search and Examination (WIPO-CASE) System that enables patent offices to securely share search and examination documentation related to patent applications in order to facilitate work sharing programs. WIPO CASE has been linked with the JPO’s One Portal Dossier (OPD) system giving participants access to a greater range of data.

Other improvements include scalable security, more shareable document types and better notification services.

Patent process mapping among IP offices

This multi-office exercise aiming to identify documents produced and data collected/created, and what data can be shared with other IP Offices, at each stage of the patent life cycle was completed in 2015. The gathering of this information is intended to help paint a picture of an abstracted patent prosecution process at various jurisdictions, and identify work-sharing opportunities at various stages of the patent cycle. This information can be exploited to progress cooperation in various channels, including the Multi-Office ICT Road Map group and the Group B+ ‘Worksharing via ICT’ Work Stream.

Standardisation projects

The World Intellectual Property Organization (WIPO) standards in the field of industrial property information and documentation are an essential enabler for international cooperation. Standardization efforts have resulted in 51 WIPO Standards, Recommendations and Guidelines related to patents, trade marks and industrial designs.

These WIPO Standards facilitate the harmonization of practices by IP offices regarding electronic data processing in respect of the procedures for filing, examination, publication, granting and registration of industrial property titles.

WIPO Standards also facilitate the international transmission, exchange, sharing and dissemination of industrial property information (text and images), as well as the access to and retrieval of this information.

The International ICT Cooperation Team is actively participating in the development and maintenance of a number of these standards through their involvement in the Committee on WIPO Standards (CWS) and its Task Forces, including:

• ST.96 (XML4IP): This standard recommends the XML (eXtensible Markup Language) resources to be used for filing, publication, processing, and exchange of information for all types of industrial property (IP), i.e., patents, trademarks and industrial designs. This new standard will eventually replace the existing separate XML standards for the three IP rights (ST.36, ST.66 and ST.86);
• ST.14: This standard sets out the recommendations for references cited in patent documents. As part of the ST.14 Task Force, the team is currently focused on revising the recommendations provided in paragraph 14 of the Standard ST.14 with regard to citation category codes, as well as to consider the convenience of bringing WIPO Standard ST.14 in line with the recent version of International Standard ISO 690:2010;
• ST.10C: This standard sets out the recommendations for presentation of bibliographic data components of IP documents. Recent work of the ST.10C Task Force has focused on collecting and publishing information regarding application and priority application numbering systems currently and historically used by IP offices;
• ST.26: A yet-to-be-adopted standard recommendation for the disclosure of sequence listings using XML;
• Task force for standardizing the sound/motion/multimedia marks;
• Task force for standardizing patent legal status; and
• PCT Minimum Documentation Task Force.

Group B+ ’Worksharing via ICT’ Work Stream

IP Australia is leading the Group B+ work stream towards achieving work sharing, specifically mutual-exploitation, within Group B+ through the use of Information Technology (IT).

Single Economic Market

In 2009, the Prime Ministers of Australia and New Zealand agreed to accelerate efforts towards trans-Tasman regulatory integration as part of the Single Economic Market (SEM) agenda.  The SEM IP outcomes include a single trans-Tasman regulatory framework for patent attorneys, and single trans-Tasman patent application and examination processes. These aim to provide increased efficiencies and potential cost savings for inventors and users of the IP system in both countries.

Under the proposed single examination process (SEP), patent applications for the same invention will be examined by a single examiner in either country. The regime will take account of the separate national laws and will lead to separate patents in Australia and NZ. SEP will reduce duplication, leading to savings in time and money for patent applicants. 

The single application process (SAP) will make applying for patents more efficient. Under the SAP, applicants will be able to file applications for national standard patents or PCT national phase entry with either IP Australia or with IPONZ, pay a single fee and provide a single address for service, and have these applications take effect in both countries.

Note: On 13 July 2016 a Select Committee of the New Zealand Parliament recommended that the SAP and SEP elements of the New Zealand Bill not be passed. IP Australia is waiting for the New Zealand Parliament to decide whether or not to accept the recommendation.

RPET

RPET is a modern, comprehensive and intensive competency based online training program which is based on IP Australia’s existing training framework, with a focus on search and examination according to the PCT standards. A Virtual Learning Environment provides access to online RPET resources, enables remote and real-time delivery of training (via virtual classrooms) as well as collaboration among participants located in different countries and across different time zones.

The objectives of RPET are to:

• Build the patent examination capabilities of participating offices by improving examiner competence via a comprehensive, integrated and remotely delivered training program that results in competency comparable to reaching IP Australia’s Acceptance Delegation for examining to PCT standards;
• Provide on-going mentoring and support throughout the program using a combination of face-to-face training, supervision from local and Australian examiners and online learning technology; and
• Enhance patent examination standards of participating offices, which will lead to the granting of higher quality and consistent patent rights and increased business confidence throughout the ASEAN region.

RPET has seen 21 participants from two intakes from Malaysia, Indonesia, the Philippines, Vietnam, Thailand, Kenya and the African Regional Intellectual Property Organization (ARIPO) successfully complete the program and graduate. There are two more intakes (total of 29 trainees) from the above countries currently progressing through the training. The RPET program has also been successful in promoting further quality and improvements in these countries with several countries trialing multi-person search teams and investigating the IP Australia Quality system with a view to implementing a quality review system of their own. Many of the countries have also started to use the RPET training as a basis for their own in-house patent examiner training. This work has been supported by ASEAN-Australia-New Zealand FTA Economic Cooperation Work Program (AANZFTA ECWP) and World Intellectual Property Organization (WIPO) as well as the participating offices involved.

IP Australia has also been cooperating with the European Patent Office (EPO) under a Memorandum of Understanding (MOU) in the development of a network of ASEAN trainers. This work complements the RPET program and aids in the development of in-house training capability in the ASEAN member states. The development of in-house training capability will enable a broader reach for the RPET material to be delivered.

Assistance to developing countries

Through the WIPO Funds-in-Trust theme of developing the IP system, IP Australia has supported the following activities in 2015:

-       PCT Roving Seminars for Universities (South Africa March 2015);

-       Training on PCT and ePCT for ASEAN countries (Singapore March 2015);

-       WIPO Australia National Workshop on Patent Drafting and use of Patent System (Indonesia May 2015);

-       WIPO Australia Advanced IP Marketing and Valuation Training Program (Philippines June 2015);

-       National Workshop on Copyright and Related Rights (Cook Islands April 2015);

-       Sub-regional workshop on Copyright and Development for Decision Makers (Fiji, Niue, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, Vanuatu January 2015);

-       National Seminar on Copyright and Related Rights (January 2015);

-       Continuation of Hosting Arrangements for African Biomedical Scientists in research facilities outside Africa (United States October to December 2015);

-       Development of national IP Strategies – Cook Islands, Solomon Islands, Myanmar; and

-       Capacity building  –  Bangladesh, Sri Lanka and Nepal (through a Memorandum of Understanding) and India (DAISY Starter Kit).

Other activities

No comment is made here.

VII. OTHER RELATED MATTERS

URLs of web pages of the Office’s website that:

Provide information on legislation related to patents

Patents Act:

http://www.comlaw.gov.au/Series/C2004A04014

Patents Regulations

http://www.comlaw.gov.au/Series/F1996B02697

• Intellectual Property Laws Amendment (Raising the Bar) Act 2012
  http://www.comlaw.gov.au/Details/C2012A00035

Annual Report

http://www.industry.gov.au/AboutUs/CorporatePublications/AnnualReports/Pages/Annual-Report-2014-2015.aspx

Refer part C –Chapters 12-17 for information on IP Australia)

Provide Latest news:

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Subscription-based mailing lists:

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Other relevant matters

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