The Productivity Commission (PC) in its 2016 inquiry into Australia's IP arrangements considered that the standard of inventive step in Australia is too low, and this has costs on the wider economy as a result of granting exclusive rights to inventions of low quality or social value. The PC recommended that the level of inventive step in Australia be raised to be equivalent to the highest level in larger markets for technology. The PC considered that the European standard was the most appropriate, and that the Australian test should be amended to more closely match Europe. The government accepted the recommendation.
Policy development 04-Sept-2017
Implementing the government response to the PC report. Public consultation is underway.