Those with a keen interest in the fate of Australia's
innovation patent will recall its last minute reprieve, when
legislation abolishing the innovation patent was removed from the
Intellectual Property Laws Amendment (Productivity Commission
Response Part 1 and Other Measures) Act 2018 (Cth).
That legislation was, on 25 July 2019, reintroduced to
Parliament as the Intellectual Property Laws Amendment
(Productivity Commission Response Part 2 and Other Measures) Bill
2019 (Bill). The Bill implements Part 2 of the Government's
response to the Productivity Commission (PC) Inquiry into
Australia's IP arrangements including abolishing the innovation
patent system.
The PC recommended that the innovation patent system be
abolished as it found that it is unlikely to provide net benefits
to the Australian community or to small and medium sized
enterprises. The PC also found that the innovation patent system
imposes significant costs on third parties and the
