1. Introduction of deferred examination:
2. For applications on which the first examination report was not issued by May 20, 2003, It will be necessary to have the application placed in order for allowance within 12 months of the first action; procedures for seeking hearings before the Controller (often needed to secure allowance) will be tightened up.
3. The patent term will be twenty years from filing for all patents still in force on May 20, 2003.
4. Applications will be published 18 months from the filing date.
5. There will be some reversal of the burden of proof in infringement actions on process patents.
6. The grounds on which compulsory licenses can be granted seem to have been expanded.
7. New requirements are introduced for giving details of deposit of biological materials and the geographical origin of such materials.
8. Provisions relating to unity of invention have been relaxed.
a. on new applications: 4 years from filing date;
b. on cases that have already been filed but on which there has not yet been any official action: the later of May 19, 2004 or four years from the filing date; and
c. for black box applications, examination must be requested by the later of December 30, 2005 or four years from the filing date.
b. on cases that have already been filed but on which there has not yet been any official action: the later of May 19, 2004 or four years from the filing date; and
c. for black box applications, examination must be requested by the later of December 30, 2005 or four years from the filing date.
2. For applications on which the first examination report was not issued by May 20, 2003, It will be necessary to have the application placed in order for allowance within 12 months of the first action; procedures for seeking hearings before the Controller (often needed to secure allowance) will be tightened up.
3. The patent term will be twenty years from filing for all patents still in force on May 20, 2003.
4. Applications will be published 18 months from the filing date.
5. There will be some reversal of the burden of proof in infringement actions on process patents.
6. The grounds on which compulsory licenses can be granted seem to have been expanded.
7. New requirements are introduced for giving details of deposit of biological materials and the geographical origin of such materials.
8. Provisions relating to unity of invention have been relaxed.
Additionally, the new law provides that appeals from the Controller may be made to an Appeal Board rather than the High Court. However, this provision has not yet been brought into effect.
March 2004 Index