New Inventions..

The Federal Government has proposed legislative amendments to the Patents Act 1990 to abolish the Patent Invention, following recommendations by the Productivity Commission which it accepted last year. In addition to several other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the federal government to keep the innovation patent and undertake further consultation to understand the impact abolition might have on innovation, particularly with regards to Australian small and medium-sized enterprises (SMEs).

The innovation patent was introduced in May 2001 to supply a second tier patent and replace the “petty patent” system that had operated since 1979. It was made to stimulate local SMEs to innovate, primarily because it can enable a faster and a lot more cost-effective method for protecting intellectual property that may not meet the inventive step requirement.

Second tier patent systems have been successfully operating for any long time in many 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 really a retrograde move.

Inside the following video created by IPTA, Australian business people present their independent views about the innovation patent and also the ramifications should it be abolished. Australian innovators seeking IP protection may desire to give advance consideration towards the Australian innovation patent system even though it still exists.

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