Another innovation patents review underway

The Australian Council of Intellectual Property (ACIP) has announced another review of the innovation patents system. This review will again look at options in dealing with the innovation patents system, where issues, including the granting of patents that lack an inventive step test (so they are otherwise obvious), has led to substantial frictions in trade and commerce.

The ACIP notes that it wishes to consider all options, including making no changes, abolishing the innovation patent system, or tweaking the system. It is likely the ACIP will receive a wide range of divergent submission. Making a determination will be difficult since what is best for a society as a whole is not easy to divine. Whilst the present writer believes the innovation patent system is will considered, it is likely to continue in one form or another for a number of years.

The ACIP anticipates issuing its report by the end of the calendar year.

This article by Shelston IP Partner, Peter Treloar, first appeared in Managing Intellectual Property magazine, 23 October 2013.