Australia Update: Innovation Patent and Inventive Step Changes Back on Track


The Australian Government has released its summary of legislation proposed for introduction to Parliament in the 2019 Winter/Spring sittings.

Pertinently to our colleagues and friends in intellectual property, the creatively named “Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Regulations 2018” is on the docket for introduction to Parliament. We previously reported the proposed changes contained in this bill in last year’s article (Development of IP Laws Amendment Bills Proceeding Innovation Patents to be Phased Out). The press release referred to in the 2 July 2019 announcement of legislation appears to confirm that the two primary topics to be addressed are the Innovation Patent system, and the harmonisation of the inventive step test with European practice.

The exposure draft of the legislation, released on 23 July 2018 and discussed in our previous article above, provides a transition period, which will be useful for the discussion of the impending changes, and formulation of responsive strategies before the new legislation is in full effect, should similar provisions be included in the legislation introduced to Parliament.

Due to our frequent use of Innovation Patents for local clients and global associates, for both prosecution and litigation strategies, we will closely monitor developments and report developments in the proposed legislation.  If you wish to discuss the potential impact on your Australian properties and strategy, please do not hesitate to get in touch with our Patents Team, or your usual contact at Spruson & Ferguson.

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