The art of writing is the art of discovering what you believe.
Gustave Flaubert

Monday 21 September 2015

Innovation patent (Australia)

The Dictionary contains a brief definition of  'innovation patent', a form of utility-model protection (or petty patent) known to Australian law. Now, following a report by the Advisory Council on Intellectual Property (ACIP) in May 2015 recommending that the government consider abolishing it altogether, IP Australia is seeking public submissions on the recommendation. ACIP had spent three years on its report before finding itself unable to come down in favour or against innovation patents, but it seems like an unloved intellectual property right which will have few supporters when the consultation closes (28 September). Having written that, I will probably be proved completely wrong.

PS: The Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 has now been passed by both houses of Australia’s Federal Parliament, abolishing the innovation patent system in mid 2021. It does not have retroactive effect and existing rights will not be affected. So I was not wrong.

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