Review of the Innovation Patent System

Review commenced: 01/02/2011

Duration of review: 2011-2013

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 was released in August 2013. This Paper will seek further public input on a range of possible options for reforming the innovation patent system. These options include abolition of the entire system to waiting to see how the recent legislative changes bed down.

Submissions on the Options Paper closed on 4 October 2013.

ACIP anticipates that the Final Report for this review will be finalised and presented to the Government in late 2013.

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Contact Information

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

02 6283 2543
02 6285 1048

Last Updated: 07/12/2013