New Australian patents claiming chemical compounds may be vulnerable to revocation

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

Australia’s innovation patent, extinct by June 2021

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 Innovation Patent – dead man walking

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

Save the innovation patent: Business owners have their say!  

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

The fate of Australia’s innovation patent – it’s like the death penalty for jaywalking

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

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