Policy ID: 
Legislative drafting
Issue summary: 
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.

Consultation 30-Aug-2017 to 17-Nov-2017

Policy development 20-Nov-2017

Legislative drafting 26-Mar-2018


Implementing the government response to the PC report.

IP Australia response to public consultation has been published. IP Australia proposes to include the legislative amendments in a Bill intended for introduction to the Parliament in late 2018.

Productivity Commission