Making the most of innovation patents
01 December 2004
In 2001 Australia replaced the petty patent system with a new innovation patent right. Three years on, Wayne McMaster reveals the unexpected advantages the patent offers to potential litigants
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| Wayne McMaster |
In May 2001, Australia amended its patent legislation to remove
its petty patent system and substitute a new right called the
innovation patent. This system has given some unforeseen latitude
for refining litigation and commercial strategies in Australia. IP
Australia, the country's intellectual property office, has given
the following reasons for the introduction of the innovation
patent:
The Advisory Council on Intellectual Property (ACIP) recommended
the innovation patent to government. After reviewing ACIP's
recommendations, the government agreed with ACIP that there is
demand for industrial property rights for those incremental or
lower level inventions that would not be sufficiently inventive to
qualify for standard patent protection. The government also agreed
that the petty patent system was not doing the job for which it was
intended: to provide an industrial property right that was
relatively inexpensive, quick and easy to obtain and suited
inventions with a short commercial life. A decision was therefore
made to replace the petty patent...
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