Advisory Council on Intellectual Property’s (ACIP) recommendation on the innovation patent system

Overview

In May 2015, the Advisory Council on Intellectual Property (ACIP) released a statement updating its position on the future of the innovation patent, recommending that the government should consider abolishing the innovation patent system. IP Australia undertook further consultation on ACIP’s revised recommendation along with its report on the Review of the Innovation Patent System published 16 June 2014. 

IP Australia released a consultation paper to seek feedback from interested stakeholders on: 

• the ACIP recommendation that the government should consider abolishing the innovation patent system  

• any alternative suggestions to encourage innovation amongst small and medium enterprises (SMEs). 

Legislative development 

The Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020 began the process of phasing out the innovation patent system. As a result, from 26 August 2021 IP Australia no longer accepted the filing of new innovation patent applications.