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ARTICLE · 07 SEPTEMBER 2011

Australian Innovation Patents - Dangerously strong, but for just how long?

Australian Advisory Council on Intellectual Property to investigate the innovation patent system

AustraliaIntellectual Property

Australian Innovation patents come under review

The Australian Advisory Council on Intellectual Property (ACIP) have been asked by the Minister for Innovation, Industry, Science and Research to investigate the effectiveness of the innovation patent system in stimulating innovation by Australian small to medium business enterprises (SMEs). As part of that review, ACIP has now released an "Issues Paper" to encourage discussion on this topic and assist in conducting wide-ranging public consultations. The purpose of the paper is to suggest points that may be taken into consideration during the review process. However, there is a strong inference throughout the document that the system as it stands, particularly in light of recent judicial interpretation, offers opportunities and rewards to the patentee that are potentially excessive when compared to the ease with which they are obtained.

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