Policy ID: 
10
Status: 
Consultation
Priority: 
High
Issue summary: 
The Productivity Commission in its 2016 report into Australia's IP arrangements, and the former Advisory Council on Intellectual Property in its 2015 review of the innovation patent system both recommended that the innovation patent be abolished. The government accepted this recommendation.
History: 
Legislative drafting 04-Sept-2017
Consultation 23-Oct-2017 to 4-Dec-2017
Policy development 5-Dec-2017
Consultation 28-Mar-2018
Department of Industry consultation 25-May-2018 to 3-Aug-2018
Consultation 23-Jul-2018 to 31-Aug-2018
Comments: 

The Government has accepted the Productivity Commission’s recommendation to phase out the innovation patent, but decided to remove this measure from the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018.

The Government decided to undertake further industry consultation targeted at better understanding the needs of innovative SMEs before the phase out of the innovation patent occurs. The industry consultation, led by the Department of Industry, Innovation and Science, is currently open until 3 August 2018.

IP Australia is currently consulting on exposure draft legislation that includes phasing out the innovation patent system while protecting existing rights. It is intended this will be introduced to the Parliament in .late 2018 or early 2019.

Tag: 
ACIP
Productivity Commission
Patents