AusBiotech suggests improvements to Innovation Patent system
Trade group AusBiotech revealed today that it has made a submission to IP Australia’s consultation on improvements to the Innovation Patent system and the Advisory Council on Intellectual Property’s (ACIP) recommendation to abolish the system.
AusBiotech said it does not support the ACIP recommendation that the Innovation Patent system be abolished, but would instead support changes that would improve the Innovation Patent system in three key areas: raising the innovation threshold; requiring examination prior to grant; and setting an examination deadline. The submission recommended that:
- Australia should retain a second-tier or lower-innovation-threshold patent system.
- With appropriate modification, the Innovation Patent system can meet the needs of Australian innovators - particularly, but not limited to those of small and medium enterprises.
- The threshold for an innovative step of an Innovation Patent should be raised.
- Unexamined Innovation Patent applications should remain pending until an examination has been completed and the application accepted.
- All Innovation Patents should be examined within a defined period. Three years is considered to be an appropriate maximum time for examination.
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