Legislation currently before the Senate – the IP
Laws Amendment (Productivity Commission Response Part 2 and Other
Measures) Bill 2019 (Cth) (Bill) – will (if passed) have the
effect of abolishing Australia's innovation patent system.
Users of the patent system should try to obtain these key
enforcement tools while they are still available.
The innovation patent system was introduced in 2001 to protect
incremental technological developments by Australian small and
medium sized enterprises and as a replacement for the petty patent
system which had been in operation since 1979.
For nearly 40 years, these systems have guaranteed protection
for innovations in Australia by way of a second tier patent system
– a legacy of protection which seems likely to come to an
end, as there is little doubt that the legislation will pass.
