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Raising the Bar Has Not Reduced the Patent Acceptance Rate in Australia
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.
Read more »ZUNA Coin Listed on Coinmarketcap and Coingecko, Price Rises by 250,000%
ZUNA coin was recently listed on coinmarketcap and coingecko, the top crypto trackers in the space. Since then, its price shot up abruptly by 250,000% and gained 14,000 more holders in less than a month with no sign of slowing.
ZUNA Makes Big Strides in the Crypto Market
With an official launch roughly two weeks ago, ZUNA is already gaining massive traction. The main mission of the ZUNA project is to progress its growing community and reach out to more people. The platform has rapidly climbed up in the coinmarketcap rankings from position 6000 to around 3000 in less than two weeks.
ZUNA boasts some unique features that are built to reward investors. 5% of every transaction is redistributed to all existing hodlers.
In addition to rewarding ZUNA investors, according to their official website, ZUNA's liquidity pool (LP) is vital in stabilizing its prices. In every transaction, ZUNA takes 5%, which is automatically locked for stability.
ZUNA Future Plans
This project is still new and has plenty of room for growth. With a growing community behind them, ZUNA will begin working on their exclusive NFT collection drop scheduled for January of 2022.
According to ZUNA's roadmap, the team will follow up their NFT collection drop with plans on building an NFT marketplace where artists can create and sell their artwork. ZUNA also has future plans to introduce a crowdshare feature where multiple investors can own and sell a fraction of highly valued NFT's.
Exchange listing is an essential step in the roadmap of ZUNA that the team project will boost its adoption status in the crypto community. Currently, PancakeSwap is the exclusive exchange offering ZUNA. However, ZUNA plans to launch an all-around exchange suitable for both beginners and expert traders. The exchange will be accessible via mobile, where users can securely store the assets.
ZUNA is community-oriented and invites early investors to be part of its innovative trajectory. With everything they have planned it is clear that ZUNA is a project to keep your eyes on in the coming months.
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