Policy ID: 
9
Status: 
Legislative drafting
Priority: 
High
Issue summary: 

The Productivity Commission in its 2016 report into Australia's IP arrangements, and the Advisory Council on Intellectual Property in its 2010 review of the patentable subject matter, both considered that a statement of objectives should be included in the Patents Act 1990 to outline its purpose and provide general guidance on the application of the legislation. The government accepted this recommendation in both reports.

An objects clause provides additional clarity and guidance to the community on the purpose of legislation, assists the courts in interpreting the legislation, and can be used to resolve uncertainty and ambiguity.

History: 

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

Policy development 20-Nov-2017

Legislative drafting 26-Mar-2018

Consultation 23-Jul-2018 to 31-Aug-2018

Legislative drafting 1-Sep-2018

Comments: 

Implementing the government response to the PC report.

IP Australia consulted on draft legislation from 23 July to 31 August 2018. The Bill will be introduced into the Parliament in 2019, subject to the Government’s priorities.

Tag: 
ACIP
Productivity Commission
Patents