Site icon Duncan Bucknell

Lower patentability standards – strategic responses

A regular reader of this blog who holds a senior IP-related position at a major Australian entity recently wrote in with the following comment (reproduced with permission):

(This person was responding to a recent post at IPRoo about IP Australia’s patent reform suggestions.)

"Duncan

I was interested in IP Australia’s initiative 3.3, especially “raise the level of patentability to international standards”. In working with inventor teams at ‘X’, I’ve come across at least three situations in which they were able to get patents in Australia and New Zealand, but nowhere else, despite years of trying (and expense). Do you think standards are lower in Australia? If so, is it advisable to try to take advantage of that situation by getting a “local” patent and hoping for the best elsewhere, or would companies be better advised to aim high in the first place (which might require using an overseas patent attorney?)"

Here are some initial thoughts – what would you add?


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