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

South Korea's One Law Partners is combining with boutique firm Minwho Law Group to leverage global expansion of K-content and build a broader offering spanning IP, tech and regulatory advisory work
Russell Kennedy's Gina Tresidder on juggling matters, delivering hard truths, and why IP ownership is rarely as simple as people think
Attorney Oran Friar and trainee attorney Harry Cunliffe at Reddie & Grose, share that patent filings for clinical LLMs are surging, but success in the UK and Europe hinges on demonstrating technical innovation
Implementers can use the UK courts to seek FRAND terms for patent pool licences
The first credible UPC spinouts are growing, and they are coming from elite patent litigation teams, suggesting specialist litigators may no longer need large platforms to compete
Voyage IP has hired a veteran IP leader from Spruson & Ferguson as its head of trademarks, as well as another consultant who will boost the firm’s commercial offering
Lawyers say unwritten appearance expectations can disproportionately affect women and junior talent, making proactive guidance a growing responsibility for law firm leaders
Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Drew & Napier’s leadership appointments show one way full-service firms can back up claims about the strategic importance of IP
Strike-out application will hear claims that the copyright aspect of an IP infringement claim brought by a gambling and sports betting group should be dropped
Gift this article