Australian patent re-examination - proposed changes

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Australia, like the US, has had patent re-examination proceedings for some time. And much like has happened in the

US, there is now a proposal to change Australian patent re-examination so as to introduce new grounds of invalidity and

to change the relevant standard of proof required for validity. As the Australian Patent Office must initiate re-examination if requested to do so (even where there is no substantial

new question of validity), these changes are expected to transform Australian patent re-examination proceedings into a

powerful weapon for post grant attack.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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