The innovation patent system: Lessons for Australia in the IP reform process

摘要

This article considers the key substantive matters surrounding the recommendations by the Advisory Council on Intellectual Property (ACIP) for the innovation patent system and the process by which IP law reform is conducted in the future. It commences with an overview of the innovation patent system and proceeds to consider various factors relevant to the re-consideration of its appropriateness, including increased reliance on newly available data. In particular, it is suggested that while the availability of those data is an increasingly important part of future reform processes, there remains a need to consider other factors and to ensure that the relevant data is suitably scrutinised. It is also noted that the availability of data may lead some stakeholders to rethink their particular beliefs and fixed views as to what IP law reform should look like.