The “glass half empty” headline: Innovation patent spends Christmas on death row. The “glass half full” headline: Innovation patent lives to fight another day (year). Notwithstanding, optimistic and the pessimistic angles will invariably converge early in the New Year, as the fate of Australia’s second-tier “innovation patent” is up there with death and
It seems that the abolition of Australia’s second-tier patent system, the innovation patent, (as detrimental as this will be for Australian business) could be considered as a high-profile distraction to divert attention away from new laws that will potentially render patents claiming chemical compounds, with reference to a structural formula, vulnerable to invalidation. This
The Intellectual Property Amendment (Productivity Commission Response part 2 and other Measures) Bill 2019 was passed by the Senate on 16 October 2019. This will result in the abolition of Australia’s second-tier patent system, the innovation patent. Many small- and medium-sized Australian businesses and relevant industry groups, including the Australian Chamber of Commerce and
Australia’s second-tier innovation patent system is presently on death row and the Government – judge, jury and executioner – is seeking a quick kill. With all appeal avenues seemingly now exhausted, we ask the question – albeit somewhat academically, as to whether it necessarily has to die – or whether it could be rehabilitated. In
Australia’s innovation patent at death’s door: Is the Government trying to cover up innovation policy reform?
Like a prisoner on death row, Australia’s innovation patent has been transferred to “the condemned-man’s cell” with the introduction of the IP Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 into Parliament on July 25. As well as including provisions to abolish the innovation patent system, the Bill, if passed, will
Recently we reported on the Government’s plans to abolish Australia’s second tier patent system, the innovation patent. The decision to abolish the innovation patent system appears to have been made without due consideration being given to the views of Australian small and medium sized business owners, the main users of the innovation patent. For