The Government has proposed legislative amendments to the Patents Act 1990 to get rid of the Technology, following recommendations by the Productivity Commission which it accepted last year. Along with several other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the us government to support the innovation patent and undertake further consultation to understand the impact abolition could have on innovation, particularly with regards to Australian small, and medium-sized enterprises (SMEs).
The innovation patent was introduced in May 2001 to provide a second tier patent and replace the “petty patent” system that had operated since 1979. It was made to stimulate local SMEs to innovate, mainly because it could enable a faster and much more inexpensive path for protecting intellectual property that may not fulfill the inventive step requirement.
Second tier patent systems have been successfully operating for some time in lots of overseas countries, including China and Germany where they’re called “utility models”. Our firm helps numerous local clients protect their new and valuable products and so it seems to us that abolishing the Australian innovation patent is actually a retrograde move.
Inside the following video made by IPTA, Australian company owners present their independent views about the Patent My Idea and also the ramifications should it be abolished. Australian innovators seeking IP protection may decide to give advance consideration to the Australian innovation patent system even though it still exists.
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