Policy ID: 
Legislative drafting
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.
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
Legislative drafting 1-Sep-2018

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 and include it in the subsequent Bill, the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2018. This Bill will be introduced into the Parliament in 2019, subject to the Government’s priorities.

The Department of Industry, Innovation and Science also undertook further industry consultation from 25 May – 3 August 2018 targeted at better understanding the needs of innovative SMEs before the phase out of the innovation patent occurs.

Productivity Commission