Patents accessibility review
We commissioned Emeritus Professor Raoul Mortley AO to review the accessibility of the Australian patents system. This was part of the Australian Government’s work to improve our intellectual property (IP) framework.
The independent review focussed on Australian small and medium enterprises (SMEs) and the barriers they face to protect innovations in Australia and overseas.
Three main themes emerged from the review:
- Small inventors need commercialisation and patenting advice.
- Fear of litigation costs are turning people away from the patenting system.
- The export of IP by Australian small businesses is crucial for Australia.
Findings and recommendations
The review report outlines 3 key findings and 16 recommendations.
It found that government patenting support is adequate, but IP awareness remains low among SMEs. Professor Mortley recommends proactive government outreach to engage SMEs with the patenting system.
The research team conducted over 50 interviews with stakeholders including :
- patent attorneys
- industry peak bodies
The interviews informed questions and ideas for the discussion paper. We invited the public to respond to the paper and received 22 submissions.
Terms of reference
Parliament laid down the Patents Accessibility Review terms of reference [544KB PDF] [61KB DOCX].
- The Minister announced the review findings on 27 May 2021.
- IP Australia administers the patents system and provides IP resources for SMEs.