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Patent Attorney Axel H Horns' Blog on Intellectual Property Law.

 

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Wednesday, August 16, 2006

 

AU: Review of the Innovation Patent.

The Final Report on the Review of the Innovation Patent done by the Australian Government is EXTERNAL LINKavailable on-line:
"[...] Recommendation 1

IP Australia should routinely assess the proportion of innovation patent applications that appear to be used for tactical reasons regarding higher-level inventions rather than as attempts to secure protection for lower-level inventions. This would help ensure that the system is predominantly being used as intended.

[...]

Recommendation 2

IP Australia should ensure the information and forms available to applicants on the key elements of the innovation patent, including that which is provided during the application process, meet the needs of customers. Particular issues that need to be addressed are the differences between the innovation patent and the provisional application, early publication of innovation patents, the difference between grant and certification and the amount of detail required in an application in order to achieve certification.

[...]

Recommendation 3

IP Australia should provide clear and easily accessible information on its website and in its literature, targeted towards interested third parties rather than applicants, on the differences between granted and certified innovation patents and the options available for questioning the validity of a patent.

[...]

Recommendation 4

IP Australia notes that the Advisory Council on Intellectual Property (ACIP) may be conducting a review of patentable subject matter in the near future. If so, ACIP should consider the inventiveness threshold for innovation patents as part of its review. [...]"
Only ten (!) submissions from the general public had been received.

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