5 years ago
LIBERALS’ PATENT REFORMS: A SETBACK FOR SMALL BUSINESS
BRENDAN O’CONNOR MP
Small and medium-sized enterprises (SMEs) wanting patent-protection for their innovations will find it more difficult under proposed Government reforms to be debated this week.
The Government will seek to abolish the “innovation patent” scheme – a special 8-year patent designed for SME innovations – leaving the standard 20-year patent as the only form of protection for Australian businesses.
Labor understands that the innovation patent has not been achieving its aims of facilitating cheap and simple IP protection for SMEs. The Productivity Commission and IP Australia have identified that the scheme is underutilised by SMEs and should be reformed.
However, abolishing the innovation patent scheme without ensuring fair and affordable access to patent protection will have a negative impact on SMEs in Australia that rely on IP protection.
Removing the innovation patent scheme without any alternative mechanisms being put in place will create a significant and serious gap for small and medium businesses seeking to access the patent system and protect their innovations.
To address this gap, Labor is proposing amendments to the legislation which will extend the grandfathering period and ensure a statutory review is undertaken. Such a review would fully assess the impact of abolishing the innovation patent scheme and make recommendations to improve access to standard patent protection for SMEs.
SMEs should be given more time before the innovation patent is removed and have better opportunities to demonstrate how the innovation patent is being used and what can be done to ensure a simple, affordable administrative system is put in place.
Labor calls on the Government to apply commonsense in this situation and support Labor’s amendments to reduce the impact of this legislation on Australian SMEs.
The Government will seek to abolish the “innovation patent” scheme – a special 8-year patent designed for SME innovations – leaving the standard 20-year patent as the only form of protection for Australian businesses.
Labor understands that the innovation patent has not been achieving its aims of facilitating cheap and simple IP protection for SMEs. The Productivity Commission and IP Australia have identified that the scheme is underutilised by SMEs and should be reformed.
However, abolishing the innovation patent scheme without ensuring fair and affordable access to patent protection will have a negative impact on SMEs in Australia that rely on IP protection.
Removing the innovation patent scheme without any alternative mechanisms being put in place will create a significant and serious gap for small and medium businesses seeking to access the patent system and protect their innovations.
To address this gap, Labor is proposing amendments to the legislation which will extend the grandfathering period and ensure a statutory review is undertaken. Such a review would fully assess the impact of abolishing the innovation patent scheme and make recommendations to improve access to standard patent protection for SMEs.
SMEs should be given more time before the innovation patent is removed and have better opportunities to demonstrate how the innovation patent is being used and what can be done to ensure a simple, affordable administrative system is put in place.
Labor calls on the Government to apply commonsense in this situation and support Labor’s amendments to reduce the impact of this legislation on Australian SMEs.