05 January 2017
Canberra
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
Qualcomm hit with $775 million fine in Taiwan
13 October 2017 | Taipei | Reporter: Barney Dixon
Qualcomm has been hit with a $775 million fine, after the Taiwan Fair Trade Commission found that the chipmaker had abused its position in the baseband chip market
Chinese patent examiners need stronger legal sense
15 September 2017 | London | Reporter: Barney Dixon
Chinese patent examiner’s need their legal sense to be strengthened if they are to have an accurate grasp of the provisions of Chinese patent law, according to Owen Ma, manager of the patent application department at China Patent Agent
Qualcomm loses KFTC appeal
05 September 2017 | Seoul | Reporter: Barney Dixon
The semiconductor company lost a bid to overturn an order forcing it to engage in ‘good-faith negotiations’ with chip companies
AIPPI Sydney is coming
01 September 2017 | Sydney | Reporter: Barney Dixon
A busy year at the AIPPI will culminate in a world congress in Sydney in October
Australian government to abolish innovation patent
29 August 2017 | Canberra | Reporter: Barney Dixon
The innovation system is unlikely to provide net benefits to the Australian community or to small- and medium-sized enterprises
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