A Strategy to Overcome Protracted Australian Patent Examination
My colleague, Hedie Meka PhD, has just written an article setting out a strategy for overcoming protracted prosecution in Australia. As the article shows, there appears to be a significant bias in favour of applicants that request a hearing, as opposed to continuing with responses to subsequent examination reports.
This is particularly the case with rejections based on lack of patentable subject matter. These arise regularly in the case of computer implemented inventions. The article sets out 16 matters by way of example. The Applicant was successful in 12 of those matters.
Hearings before the Australian Patent Office are relatively informal and can be conducted in person or by written submissions.