IP Australia: Have your say on Australia's patent system (Due 17 Nov 2017)


#1

we received an email from ipaustralia.gov.au to Pirate Party media address;

Did you know that the patent system affects you?
Every day, patents are granted for inventions relating to important new technologies. These include health technology and pharmaceuticals, 3D printing, nanotechnology, robotics, electronic communication devices, and many other things.

Breakthrough inventions can have a significant impact on your everyday life. For example, antibiotics have had a profound effect on human health, and WiFi has made it easier to communicate and share information.

So why do we have a patent system? Is it just to encourage businesses to innovate and contribute to Australia’s economic growth? Or should it also seek to improve social well-being? The answer to these questions can influence the way that Australia’s patent system works.

It is important to have a system that balances the needs of producers, owners and users of technology, as well as those of the public. While Australia’s patent law currently has some safeguards that allow the Government and competitors to access patented technologies in exceptional circumstances (Crown Use and compulsory licensing), there is no overarching statement to explain what the patent system is for and how it should be used. This overarching statement would be particularly useful should a case end up in court.

Did you know that the patent system is also evolving?
In response to work by the Productivity Commission, the Government recently announced reforms to improve and modernise Australia’s patent system. These reforms will create a more balanced system that encourages and rewards innovation and creativity while appropriately recognising community interests.

IP Australia, a government agency that administers IP rights and laws relating to patents, trade marks, designs and plant breeder’s rights, has released a consultation paper on introducing an objects clause to Australia’s patent law. This will clarify the purpose of the patent system. You can influence the final wording of this objects clause by making a submission.

You might also be interested in three other consultation papers relating to the patent system, which are open for submissions:
Amending the provisions for compulsory licensing of Patents;
Amending the provisions for Crown use of Patents and Designs; and
Further aligning the level of inventiveness of patents in Australia with international best practice.

IP Australia is seeking responses from anyone interested in the proposed options. Submissions should be sent to consultation@ipaustralia.gov.au by Friday 17 November 2017.

Now is the opportunity for you to help shape and develop the Australian patent system.
Have your say now!

This is probably in our area of expertise to say something here


(Andrew Downing) #2

I’m certainly interested in this. I’m leading a working group in the PDC with a goal to rethink our patent policy.

Will have a read of the various consultation papers, and maybe start a wider discussion here.


(Tim Challis) #3

Warning: with a certain taint of bitterness.

The primary purpose of Australia’s IP laws is to protect Australian creations and inventions from predations of other Australians.

Sadly in practice the major predators come from overseas jurisdictions and (for example) U.S. interests seem to consider a local registration trumps Australian rights. Think of CSIRO’s WiFi fight, and the practical (if not letter-of-law) outcome.

In short it is hard to sugar-coat a response when the party inviting comment is to all intents and purposes impotent, ineffective and apparently fighting the wrong corner of the competition ring. And we are supposed to look kindly upon these useless ****s because they “consulted” with the public.

Kind of hard not to become depressed or conclude there is some hypocrisy involved. Well that is my perspective anyway.


#4

well they specifically emailed us to let us know about it and also put it in bold “IP Australia is seeking responses from anyone” so there is at least a chance of getting our message across, regardless if they listen or not.