I’m going to paste an entire article from the Sydney Morning Herald website (because you’ll have to log in to get at it otherwise, and that sucks), but basically all Aussies should be thinking about how our IP systems needs to change to remove the existing and future threats to Open Source and software development generally in Australia.
IP Australia is reviewing the five-year-old innovation patent system, designed to allow small and medium-sized businesses to protect lower-level and short-lifespan inventions.
Last week IP Australia, the Federal Government agency that administers trademark and patent applications in Australia, released a discussion paper and invited written submissions on the system, which was introduced in 2001 as part of the Backing Australia’s Ability program.
According to the paper, twice as many innovation patents are being filed as petty patents, more than 1000 a year. Three times as many are being sealed. The statistics indicate the system has better met the needs of innovators.
The old petty patent system required the same level of innovation as a full patent, however, the innovation patent system, which grants protection for eight years, extends patent protection to lower-level and incremental or staged innovation.
The paper also reveals the system, which is especially suited to protecting inventions with short life cycles, has been popular with developers of information technology.
Written comments on the review should be sent to IP Australia by December 16. The agency is particularly interested in issues such as how well the innovation patent is achieving its objectives, whether those objectives remain relevant, and the effectiveness of the eight-year term.
IP Australia has also launched a website, Smart Start, to help guide small businesses seeking to protect intellectual property.