Get your Australian Innovation Patents filed by 26 August 2021

The critical dates are now known in respect of the Australian Government’s abolition of the second-tier “innovation patent” system: new applications must be filed before 26 August 2021, and all innovation patents will have expired by 26 August 2029.  Significantly, existing innovation patent rights (and those applied for over the next 18 months) will not be

The status of Australia’s innovation patent – how full is the glass?

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

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 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

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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