No innovation patents, restricted patent eligible subject matter and fewer patent attorneys – welcome to the future of IP in Australia!
The Senate Committee inquiring into the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 has recommended in their report that the Bill be passed by the Senate. As we previously reported, the Bill includes provisions to abolish Australia’s second-tier patent system, the innovation patent, and introduce an objects
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
This article was recently re-published in Practical Law Australia, by Thomson Reuters Legal. A copy of the re-published article can be found here. Australia’s second-tier innovation patent system is presently on death row. With all appeal avenues seemingly now exhausted, we ask the question – albeit somewhat academically, as to whether it necessarily has to
For the last year, one of the most discussed topics in Australian IP circles has been the proposed abolition of the innovation patent system – Australia’s second tier patent system. This controversial measure came about as a result of a Productivity Commission recommendation, which the Government swiftly supported in August 2017. Shelston IP reported
Attempts to kill off Australia’s second-tier “innovation patent” system have been ongoing for a number of years. In the most recent challenge, the Productivity Commission has been the lead prosecutor and professional bodies such as IPTA (the Institute of Patent and Trade Mark Attorneys of Australia) have acted for the defence. The Australian Government is,