Australia: Patents Office introducing amendments to Stifle Patents

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Australia: Patents Office introducing amendments to Stifle Patents

IP Australia is proceeding at pace with implementing the Government's response to the Productivity Commission's Report to severely curtail the rights of patent holders.

The proposed legislation and implementation is directed at the introduction of a number of problematic changes:

1) The abolition of the Innovation Patent system. The Innovation Patent system included a lower level inventiveness threshold similar to the Utility Model System of Germany, China and other countries. Allowing for lower inventiveness patents was deemed undesirable by the Productivity Commission and they recommended abolition. It is now important for applicants to seriously consider filing innovation patents before the repeal legislation is enacted.

2) Raising the inventive step requirements, somewhere in excess of the test of the European Patent Office, as a further restriction on grant. This is directed at increasing the hurdle requirement for grant.

3) Requiring applicants to disclose the "technical features" of their invention. This is an attempt to codify in legislation the European precedent of technical features. No doubt this will cause an excessive extra layer of unnecessary work for applicants.

4) Introducing an objects clause to the Patents Act 1990. Whilst the proposed clause is ephemeral, the likely subsequent discussion by patent litigants will increase the burden of litigation.

5) Making it easier to invoke the Crown Use provisions or Compulsory Licensing provisions. Again, restricting the rights of patent holders to fully exploit their patented inventions.

Whilst the Patents Office is conducting some public consultation, it is highly likely the Office will proceed with each of the above proposals.

Peter Treloar

Shelston IP

Level 21, 60 Margaret Street

Sydney NSW 2000, Australia

Tel: +61 2 9777 1111

Fax: +61 2 9241 4666

email@shelstonip.com

www.shelstonip.com

more from across site and SHARED ros bottom lb

More from across our site

Counsel for SEP owners and implementers are keeping an eye on the case, which could help shape patent enforcement strategy for years to come
Jacob Schroeder explains how he and his team secured victory for Promptu in a long-running patent infringement battle with Comcast
After Matthew McConaughey registered trademarks to protect his voice and likeness against AI use, lawyers at Skadden explore the options available for celebrities keen to protect their image
The Via members, represented by Licks Attorneys, target the Chinese company and three local outfits, adding to Brazil’s emergence as a key SEP litigation venue
The firm, which has revealed profits of £990,837, claims it is the disruptive force in the IP-legal industry
In the first of a two-parter, lawyers at Santarelli analyse the patentability of therapeutic inventions where publication of clinical trial protocols occurs before the application's filing date
Arun Hill at Clarivate assesses the Top 100 Global Innovators 2026 list, including why AI has assumed a strategic importance for innovation
Practitioners and law firms should keep their eyes peeled for the shortlists for our annual awards
Despite a broader slowdown in US IP partner hiring in 2025, litigation demand drove aggressive lateral expansion at select firms
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
Gift this article