05 January 2017
Reporter: Barney Dixon

Australian patent system grants exclusivity ‘too readily’

The Australian patent system grants exclusivity too readily, according to a final report from the government’s productivity commission.

The report, which was sent to the government in September last year but was recently released to the public, argues that improvement is needed across the “spectrum of IP rights”.

The Australian government tasked the productivity commission in 2015 with assessing whether the country’s IP system sufficiently incentivises innovation. A preliminary report was issued in May last year.

On patents the commission argued that Australia’s current patent system gives too much leeway to low-quality patents, which is “frustrating follow-on innovators and stymieing competition”.

The Australian government should introduce a “package of reforms” that will “collectively improve the effectiveness and efficiency of the patent system”.

As part of the package, and to raise patent quality, the commission said the government should “increase the degree of invention required to receive a patent, abolish the failed innovation patent, reconfigure costly extensions of term for pharmaceutical patents, and better structure patent fees”.

The commission said that this, along with incorporating an objects clause into the Patents Act, will ensure a higher quality of patents and a better patent system overall.

More Asia news
The latest news from IPPro Patents
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Trump fires forward in China IP investigation
15 August 2017 | Washington DC | Reporter: Barney Dixon
US President Donald Trump has signed a memorandum asking the US Trade Representative to examine whether China should be investigated for alleged intellectual property malpractice
SIPO launches new IP rights centre
03 August 2017 | Shanghai | Reporter: Barney Dixon
The centre will focus on providing fast protection for rights in the manufacturing and biopharmaceutical industries
China streamlines patent filing
02 August 2017 | Beijing | Reporter: Barney Dixon
The rules, which went into effect on 1 August, will reduce filing burdens and improve the efficiency of administrative services in specific fields
New Zealand joins GPPH
24 July 2017 | Wellington | Reporter: Barney Dixon
New Zealand is the latest member of the Global Patent Prosecution Highway, joining 17 other countries participating in the agreement
Spruson & Ferguson launches Melbourne trademark office
12 June 2017 | Melbourne | Reporter: Barney Dixon
Law firm Spruson & Ferguson has opened a boutique trademark office in Melbourne, Australia
IP Group invests in Australian innovation
07 June 2017 | Canberra | Reporter: Barney Dixon
UK-based intellectual property investment company IP Group has committed AUD 200 million (USD 151.1 million) to Australia’s Group of Eight coalition
China could establish appellate IP court
15 May 2017 | Chengdu | Reporter: Barney Dixon
The court would be modelled on the US Court of Appeals for the Federal Circuit and cover mainly technology-related issues