Although the Report was a final report, in an unprecedented development, ACIP issued a statement in Maybased on analysis of data by IP Australia’s Office of the Chief Economist, that the innovation patent system is not austrxlia the objective of stimulating innovation amongst SMEs and that government should therefore consider abolishing the system.

Economic data can be interpreted in a variety of ways, whether to justify or ip australia economic research paper 05 the building of a road tunnel or rail link according to the desires of the government of the day. The recent statement by ACIP says the following: The paper proposed a radical solution up requiring a non-obvious inventive step, essentially the same test as applicable to standard patents.

Committee Reports on Government Bill. The ACIP began an initial review of the innovation patent system inafter it had been 005 for ten years. Quite plainly the system fulfils its role in protecting lower level inventions quickly and at less cost than the standard patent system. In the Report, ACIP was unable to make any recommendations as to whether to abolish or retain the system in its ip australia economic research paper 05 form, but it did make pa;er recommendations as to how the patentability threshold for innovation patents might be raised in order to address concerns about the low threshold currently in place.

The benefits of the innovation patent system for SMEs I ip australia economic research paper 05 now the quoted statement from the research paper that the great majority of SMEs and private inventors appear to gain little benefit from the system. In May this year, IP Australia released a report on the economic impact of innovation patents.

The first flush of enthusiasm can soon diminish when they face difficulties in commercialising the invention or in obtaining funding for further development and so forth.


Share Facebook Twitter Linked In. Indeed many seem to be quite grateful that this type of protection is available to them. Abolition of the Australian innovation patent?

Innovation patents – sticking the boot in

Although from the public perception at least, that consultation paper appeared to have sunk without trace, the attitudes which drove that paper appear now to economkc resurfaced. An objective of the innovation patent system, as i; introduced, was to stimulate innovation in Australian SMEs by providing Australian businesses with intellectual property rights for their lower level inventions.

Tuesday 18 August However, both of these factors are issues that affect all patents, not just innovation patents. With the current low threshold for innovative step, the innovation patent provides ip australia economic research paper 05 very strong IP right in reeearch sense that it is much more difficult to invalidate on prior art grounds than is a standard patent, while providing the same relief on infringement as does a standard patent.

It does seem extraordinary that this statement by ACIP has been released just on ip australia economic research paper 05 basic of data, economic data at that, primarily from one source.

Innovation patents – sticking the boot in – Lexology

It seems to the writer incontrovertible that the system in its present form provides very effective protection for lower level inventions. Follow Please login to follow content. IP Ip australia economic research paper 05 is now seeking public comment on the innovation patent system and its possible alternatives. Austraia aim was to assist small to medium enterprises SMEs in stimulating innovation by offering a faster and less expensive form of patent protection.

In view of the newly available evidence, ACIP considers that, taking into account the overall costs and benefits of the system, it is likely to result in a net cost to society….


Their final report was issued in May and concluded: What is resezrch with the system that supposedly engenders that attitude? Another objective was to provide easier, cheaper and quicker rights.

The fact that many let their patent expire early because they see its value at less than the cost of renewal, says to the writer everything about economuc invention, the subject of the patent, rather than the ineffectiveness of the innovation patent system.

Review History The ACIP began an initial review of the innovation patent system inafter it had been operating for ten years.

The innovation patent system was introduced in to provide a bridging mechanism for “incremental innovations” that would not meet the inventive step threshold requirements of ip australia economic research paper 05 standard patent system. Desearch you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries lexology.

InI wrote an article entitled ” Innovation patents — useful but unloved by some ” in which I discussed the Report published in May of the review of the innovation patent system carried out by the Advisory Council on Intellectual Property ACIP. This suggests that innovative activity is not being stimulated among these groups by the ip australia economic research paper 05 patent system.

Their final report was issued in May and concluded:. Motivation for that was the low level innovative step threshold for innovation patents.