Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 17 JULY 2019

Australia Update: Innovation patent system and inventive step changes back on track

Spruson & Ferguson Lawyers
Explore more from Spruson & Ferguson Lawyers

Two primary topics are the Innovation Patent system and harmonisation of the inventive step test with European practice.

AustraliaIntellectual Property
David Mueller-Wiesner
David Mueller-Wiesner
Edward Genocchio
Edward Genocchio
Author LinkedIn connections

The Australian Government has released its summary of legislation proposed for introduction to Parliament in the 2019 Winter/Spring sittings.

Pertinently to our colleagues and friends in intellectual property, the creatively named "Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Regulations 2018" is on the docket for introduction to Parliament. We previously reported the proposed changes contained in this bill in last year's article (Development of IP Laws Amendment Bills Proceeding Innovation Patents to be Phased Out). The press release referred to in the 2 July 2019 announcement of legislation appears to confirm that the two primary topics to be addressed are the Innovation Patent system, and the harmonisation of the inventive step test with European practice.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Counterfeit Imports – Tougher Penalties At The Border

Australia strengthens its response to counterfeit goods importation through new legislation that creates strict liability offences and enables infringement notices at the border. The amendments aim to make counterfeit importing unprofitable by ensuring penalties and seized goods exceed potential profits. How will these changes impact intellectual property rights holders and importers operating in Australia?
AustraliaIntellectual Property
Pointon Partners
Pointon Partners
Article

Supporting ‘Human Artistry’: Wholly AI-Generated Recordings Disqualified From ARIA Charts In Australia

The Australian Recording Industry Association has amended its chart eligibility guidelines to exclude songs predominantly created by generative AI, sparking debate about the intersection of artificial intelligence and copyright law. This decision mirrors broader legal challenges facing courts and regulators worldwide as they grapple with determining when AI-generated or AI-assisted works deserve copyright protection and recognition.
AustraliaIntellectual Property
K&L Gates
K&L Gates
Article

How Can You Retain Intellectual Property When A Client Will Not Pay?

A service provider who has not assigned their intellectual property still owns it, regardless of what the invoice says. Under the Copyright Act 1968 (Cth), the creator owns copyright by default, and ownership moves only by written assignment. Paying a designer or developer does not transfer ownership on its own. That default gives service providers real leverage where a client refuses to pay. Retention and suspension clauses turn the default into a contractual right to withhold deliverables.
AustraliaIntellectual Property
LegalVision
LegalVision
Article

Controlled Foreign Company rules - UK:

In the Communications, Media and Technology Updater on 10 April, we commented on the proposals for the new In the Communications, Media and Technology Updater on 10 April, we commented on the proposals for the new Controlled Foreign Company (CFC) rules and their impact on IP rights following the release of a discussion document on 26 January 2010.(CFC) rules and their impact on IP rights following the release of a discussion document on 26 January 2010.
AustraliaIntellectual Property
Norton Rose Fulbright Australia
Norton Rose Fulbright Australia
Article

Updates To Malaysia’s Proposed Patent Linkage Framework

Malaysia is drafting its first patent linkage framework for pharmaceutical products, scheduled for implementation on 1 May 2027 following CPTPP ratification. The National Pharmaceutical Regulatory Agency has released draft guidelines establishing an administrative connection between drug registration and patent status, introducing notification requirements, suspension periods, and four application categories that will fundamentally reshape how innovators and generic manufacturers navigate market entry.
MalaysiaIntellectual Property
Spruson & Ferguson Lawyers
Spruson & Ferguson Lawyers
Article

Australia | Proposed Tranche 2 Privacy Act Reforms: Exposure Draft And Consultation Paper Released

The Australian Government has released an exposure draft of the Privacy Amendment (Personal Data Protection) Bill 2026, proposing the most substantial reforms to the Privacy Act 1988 in recent times. These changes introduce a fair and reasonable test for data handling, enhanced consent requirements, expanded breach notification obligations, and new rights including data erasure for large digital platforms.
AustraliaPrivacy
Spruson & Ferguson Lawyers
Spruson & Ferguson Lawyers
Article

Protecting The AI Systems Competitors Can Actually Copy

Businesses building AI products on third-party models face a critical intellectual property challenge: determining what parts of their AI systems can actually be protected when competitors have access to the same underlying models. This analysis explores where protectable value sits in AI workflows, from data retrieval and validation processes to system integration and deployment architecture, and why patent strategy must focus on the commercially defensible elements rather than just the AI model itself.
AustraliaIntellectual Property
Spruson & Ferguson Lawyers
Spruson & Ferguson Lawyers