22 January 2013

Update on Integrated Patent Examination of Australian and New Zealand Patents


Further to our blog dated 16 May 2011, in which we announced the joint Australia and New Zealand initiative to integrate examination of Australian and New Zealand patent applications within a three year period, there has been the official announcement of the completion of the first stage in the in initiative.

The initiative is intended to provide a harmonisation of examination for patents which are applied for in both New Zealand and Australia. Consequently, both the New Zealand and Australian patent applications could be examined by a single Examiner, albeit under the respective different rules and regulations.

This first stage entailed a gathering of Examiners from both IP Australia and IPONZ to undertake a three month pilot skills and knowledge program to assess what training needs may be required to allow Examiners from each jurisdiction to examine patent applications from the other jurisdiction.

The next planned stages in the initiative pertain to designing and allowing a filing system in which an Australian and New Zealand patent application can be simultaneously filed as a single application. Each country has expended considerable advances in electronic filing capabilities over the last few years. The next stage will concentrate upon how to provide a harmonious electronic filing capability.

The last (and final) stage will be to determine an appropriate harmonious examination initiative to allow both a New Zealand and a corresponding Australian patent application to be examined by a single Examiner from either jurisdiction.


by Simon Ellis