Review commenced: 01/02/2011
Duration of review: 2011-2014
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, ACIP was asked to investigate the effectiveness of the innovation patent system in stimulating innovation by Australian small to medium business enterprises.
ACIP conducted extensive public consultations including releasing an Issues Paper and an Options Paper which set out a number of possible options for reforming the Innovation Patent system.
ACIP's Final Report was released on 16 June 2014. Due to the lack of empirical evidence available during ACIP's review, ACIP did not make a recommendation supporting the retention or abolition of the Innovation Patent system.
Since that time, substantially more information has become available. IP Australia has undertaken a comprehensive analysis of the economic impact of the Innovation Patent system. ACIP has considered this new research and released a statement updating the Council's recommendations regarding the future of the Innovation Patent system.
This issue will be examined by the Productivity Commission in its inquiry into intellectual property arrangements. See the Productivity Commission website for further information, or to make a submission to the inquiry.
The Government will respond to ACIP’s review of the Innovation Patent System as part of its response to the Productivity Commission inquiry.