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 indeed has to die – or whether
it could be rehabilitated.
Introduction
Last month, the Government released its response to the
Productivity Commission's inquiry into intellectual property
arrangements in Australia. One of the headline features of the
response was that the Government has agreed to phase out the
innovation patent system. Whereas there appears to be a general
acceptance throughout Australia's IP community that the
innovation patent system may be somewhat imperfect, it does not
necessarily follow that it was failing to meet its stated
objectives – namely, to foster innovation amongst locals
SMEs. This article considers whether the Government may have
over-reached in recommending a complete culling – could it be
medicated and nursed back to health, or is
