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ARTICLE · 19 OCTOBER 2013

Australia's innovation patent system: Reform is still on the cards

Corrs Chambers Westgarth
Corrs Chambers Westgarth
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Two recent reviews of the innovation patent system threaten to water down the value and muscle of an innovation patent.

AustraliaIntellectual Property
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The innovation patent is unique to Australia and is a powerful tool for patentees. Over the last three years, the Federal Government has initiated two significant reviews of the innovation patent system which threaten to water down the value and muscle of an innovation patent.

Both reviews are a response to concerns that the current system is detrimental to innovation and is being abused by patentees.

However, existing research and feedback suggests the innovation patent system encourages innovation and provides Australian SMEs with a platform to develop and market incremental inventions.1

There is no convincing evidence that the system is being abused or is stifling innovation. Therefore, any reform should be targeted at meaningfully addressing genuine pitfalls of the system, rather than unnecessarily overhauling it or limiting its application.

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