Australia's Parliamentary Secretary to the Minister for Industry, Tourism and Resources, Bob Baldwin last week revealed that a review of Australia's innovation patent has found that the system meets its objectives and that changes are not warranted at this time.
The review was conducted by IP Australia, the government agency responsible for administering the patent system, with assistance from the Intellectual Property Research Institute of Australia (IPRIA).
The innovation patent is predominantly used by Australian individuals and SMEs for less-knowledge intensive innovations such as consumer goods, and at nearly double the rate of the previous petty patent system.
“The Review of the Innovation Patent has found the system successfully encourages SMEs to develop incremental inventions and market them in Australia. By providing a second tier patent, the Government is ensuring that the intellectual property system continues to be responsive to the needs of businesses operating in fast moving, highly competitive markets by providing the option of shorter term, more flexible and affordable protection,” Mr Baldwin announced.
However, inadequate knowledge of the innovation patent was identified by the review as a key barrier to further improving public usage of the system. To address this, IP Australia is planning to undertake further public awareness activities for the innovation patent.
The review also found some businesses are using the system as interim protection for higher-level inventions such as chemicals and medical equipment, and recommended that this trend be monitored to ensure the innovation patent system is being used as intended.
The innovation patent was introduced in 2001 as part of the Government’s Backing Australia’s Ability initiative, and replaced the petty patent system. The innovation patent system was intended to stimulate lower level innovation by providing quick, inexpensive intellectual property rights, with a lower inventive requirement than a standard patent.
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