The Government has proposed legislative amendments to the Patents Act 1990 to abolish the New Ideas For Inventions, following recommendations by the Productivity Commission which it accepted a year ago. Together with a few other industry groups, the Institute of Patent and Trade Mark Attorneys (IPTA) has been actively lobbying the us government to support the innovation patent and undertake further consultation to understand the impact abolition may have on innovation, particularly in terms of Australian small, and medium-sized enterprises (SMEs).
The innovation patent was introduced in May 2001 to provide a second tier patent and replace the “petty patent” system that had operated since 1979. It was made to stimulate local SMEs to innovate, primarily because it can enable a faster and more cost-effective means for protecting intellectual property that may not fulfill the inventive step requirement.
Second tier patent systems have been successfully operating for a long time in numerous overseas countries, including China and Germany where they’re called “utility models”. Our firm helps numerous local clients protect their new and valuable products so it generally seems to us that abolishing the Australian innovation patent is a retrograde move.
In the following video made by IPTA, Australian business people present their independent views concerning the Inventhelp Inventions as well as the ramifications should it be abolished. Australian innovators seeking IP protection may wish to give advance consideration towards the Australian innovation patent system while it still exists.
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An authorized Trade Marks Attorney will help you determine what aspects of your branding might be best registered to maximise the strength of a trade mark registration, providing you with reassurance that this value you’re building inside your brand is correctly protected.