The Australian Government has further detailed its latest IP systems simplification package, with two changes standing out for applicants and rights holders. The first would replace the current Time to Acceptance model with a more responsive examination timetable, closer in spirit to the US approach. In practice, patent applicants could face shorter reply windows after an examination report, such as a two-month period for response, alongside tighter limits on the number of formal replies.
The second proposal would allow patents and designs to use “virtual marking” through QR codes, barcodes or web addresses instead of relying only on physical markings on products or packaging. That may reduce the cost of keeping marking information current, especially for companies with changing patent portfolios or multiple product lines. It also creates a new housekeeping issue: online marking pages must be accurate, durable and easy to audit. The proposals are not final rules, but Australian filings and post-grant product practices should already be reviewed with these possible timing and marking changes in mind.
