Data on patent acceptances into 2021 confirms that the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (‘RtB Act’), which came into effect on 15 April 2013, has had a minimal impact on the rate of patent application acceptance in Australia – and to the extent that an effect is present, it does not run in the direction that might be expected! Here, I define ‘rate of acceptance’ as the proportion of examined applications that go on to be accepted for grant. Between 2009 and 2013, the rate at which applications subject to the former (i.e. pre-RtB) provisions were accepted rose from 69% to 72%. In comparison, the acceptance rate of post-RtB applications has stabilised at around 75% in each year between 2017 and 2021.
Some people may have anticipated that, in raising the standard of inventive step and introducing stricter requirements for enablement and support of claims, the RtB reforms would result in fewer applications being accepted. I was not one of those people, and I expect that neither were most other patent attorneys. Those of us who work on behalf of patent applicants are well-aware that, firstly, most of those applicants are seeking patent protection in other jurisdictions that have high standards of patentability, and are not wasting time and money on equivalent Australian applications for inventions that do not meet those standards. And, secondly, encountering a higher bar to acceptance does not necessarily mean abandoning the application altogether; often it may simply mean settling for a more limited scope of protection.
Perhaps more surprisingly, however, raising standards of patentability has not resulted in applicants making more rounds of amendment to their applications in order to achieve acceptance. In fact, if anything applications examined under the post-RtB provisions have been, on average, subject to fewer amendments in examination than pre-RtB applications.
Interestingly, in the transition between the two legal regimes, the earliest applications to be examined under the provisions of the RtB Act had acceptance rates in excess of 90%, while acceptance rates of the last applications to be examined under the former provisions fell to below 50%. These effects are most likely attributable to the respective applicants’ strategies in pursuing early examination of post-RtB applications, and in persisting to the bitter end with some pre-RtB applications.
Another interesting observation is that expedited examination has become increasingly popular in the years since the RtB reforms commenced, rising from just under 6% of all cases in 2014/15 to over 8% in 2020/21. In particular, expedited examination under the Global Patent Prosecution Highway (GPPH) program rose from just 2.7% of cases in 2013/14 to 5.1% in 2019/20. In fact, GPPH requests were the majority of all expedited examination requests in every post-RtB year except for the first (2013/14).
Finally, the most recent data confirms (once again) that the duration of patent prosecution (i.e. from examination request through to acceptance, in successful cases) has reduced significantly – from a median of over 600 days, to a little more than 400 days – since commencement of the RtB reforms. This has been due, in almost exactly equal parts, to the tighter time constraints imposed on applicants, and to reductions in Patent Office delays in commencing examination after a request has been filed.
Part 2: Incident Irradiance, Exposure, Gain, and Frame Rate Camera sensors are common components of medical devices. In this blog I will discuss in detail how incident light irradiance, exposure time, gain, and frame rate factor into the use of camera sensors for medical devices. The key takeaways are: To capture data or images on […]
As Alphari heads into the final day of Groups, he doesn't look forward, doesn't look back. He simply works to realize the ideal top laner that he knows he can become - and to make his trip to NA worth it all.
Digital transformation used to be considered an optional change that your company would hopefully get to in the coming years in order to increase efficiency and deliver fresh growth.
One of the lasting changes from COVID-19 is that digital transformation went from an optional—if you’re lucky—goal for companies to one that was a must for survival.
For example, per a study by Gartner, COVID-19 moved digital collaboration tools from the ‘nice-to-have' column to the ‘must-have’ column as seen by the projected 14% increased revenue in these areas by 2022. This trend can be found again and again for digital tools—it’s not exclusive to collaboration and communication.
In fact, 97% of IT directors in a worldwide survey reported that their firms digitally transformed because of COVID-19, and of those respondents, three out of five said they saw a “large amount of change.”
It’s clear that digital transformation is a popular trend today. So what do people mean when they talk about it? What is digital transformation?
Digital transformation is, essentially, the act of leveraging digital technologies such as the cloud, data, analytics, artificial intelligence (AI), and machine learning to digitize how your organization does things—as well as the customer experience. It is a journey that begins with a cultural and organizational shift that will put the end-user experience as the priority.
For finance departments, it’s key that digital transformation includes adding accounts payable (AP) automation to your suite of solutions. Keep reading to discover why, as well as:
If you’re just venturing into the world of cannabis you are probably a little bit surprised by just how much math is involved in the process. Even the best marijuana strains are generally measured within the context of an ounce. Of course, you can purchase marijuana in smaller increments, via a gram at a time,
Links: Community Gaming, CoinFund PortfolioInvestment Thesis SummaryDual Structural Tailwinds: Gaming as a market has matured greatly over the past 20 years, evolving into...
Managing inventory calls for a high level of accuracy and precise foresight. Errors could lead to depreciation, inadequate stocks, shipment delays, unnecessary purchases, and many other issues. And perhaps worst of all, customer loss. This means you need to be cautious when choosing an inventory management system for your eCommerce business. You should choose a […]
Were you looking to introduce yourself to a new fighting game as Brawlhalla in 2021? Maybe you found it accidentally… Someone told you about it… Or you play it already. Whatever the case, we might answer one or many of your game-related questions today. Review: What is Brawlhalla? Is It Worth It In […]