Current Reviews

ACIP's current work program covers a number of reviews, including:

Review of the Innovation Patent System
Review of the Designs System

For information on completed reviews, follow this link

Review of the Innovation Patent System

The innovation patent system was established in 2001 to stimulate innovation in Australian small to medium business enterprises. It protects incremental or low level inventions that do not meet the inventive threshold required for standard patent protection and are not covered by design legislation.

In February 2011, the then Minister for Innovation, Industry, Science and Research requested that ACIP investigate the effectiveness of the innovation patent system in stimulating innovation by Australian small to medium business enterprises.

ACIP released an Issues Paper in August 2011 to seek the views of interested parties. A number of written submissions were received. ACIP also conducted a number of public forums in October 2011 to discuss the key issues. Despite ACIP’s best efforts, the target audience of individual innovation patentees and small to medium business enterprises (SMEs) largely did not engage with ACIP in this review process. Consequently, a research project was commissioned to try and determine how effective the innovation patent system is in stimulating innovation by Australian SMEs.

An Options Paper is expected to be released in Jult/August 2013 to seek further public input on a number of possible options for reforming the innovation patent system.
ACIP anticipates that the Final Report for this review will be finalised and presented to the Government in late 2013.

For more information, please contact:

Jeff Carl
Secretariat
Advisory Council on Intellectual Property
PO Box 200
WODEN ACT 2606

Email: mail.acip@ipaustralia.gov.au
Telephone: 02 6283 2543
Fax: 02 6285 1048

Review of the Designs System

The current designs system has been in operation since the commencement of the Designs Act 2003 on 17 June 2004. The designs system protects the visual features of a product—including the shape, configuration, pattern and ornamentation which, when applied to the product, give it a unique appearance.

In recent years a variety of concerns have been raised about the effectiveness of the designs system and whether it is meeting its original policy objectives. The designs system has not been comprehensively reviewed since its commencement in 2004 to assess whether it is effective and appropriate for Australia now and in the future.

In May 2012, the then Parliamentary Secretary for Innovation and Industry requested that the ACIP investigate the effectiveness of the designs system in stimulating innovation by Australian users and the impact the designs system has on economic growth.

ACIP would be interested to hear about any opportunities for enhancing the system and any deficiencies and unintended consequences arising from implementing the system.

As part of its investigations, ACIP plans to release an Issues Paper in mid 2013 to seek views from stakeholders, including users of the designs system. Further consultation arrangements will be advised in due course.

For more information, please contact:

Sharon Thomas
Secretariat
Advisory Council on Intellectual Property
PO Box 200
WODEN ACT 2606

Email: mail.acip@ipaustralia.gov.au
Telephone: 02 6283 2582
Fax: 02 6285 1048