Footnotes
Report - Patents Amendment Bill 2001
[1] Patents
Amendment Bill 2001, Second Reading Speech, The Hon. Warren Entsch MP, p.1.
[2] Patents
Amendment Bill 2001, Second Reading Speech, The Hon. Warren Entsch MP, p.1.
[3] Bills
Digest No. 1 2001-02, p.5.
[4] Bills
Digest No. 1 2001-02, p.5.
[5] Patents
Amendment Bill 2001, Second Reading Speech, The Hon. Warren Entsch MP, p.2.
[6] Submission
No. 4, p.1.
[7] Submission
No. 3, p.5.
[8] Submission
No. 1.
[9] Submission
No. 2.
[10] Submission
No. 2, p.2.
[11] Submission
No. 2, p.2.
[12] Submission
No. 3, p.8.
[13] Submission
No. 3, p.8.
[14] Submission
No. 3, pp.8-9. The Australian Federation of Intellectual Property Attorneys
also notes that different countries have different rules concerning the concept
of ‘common general knowledge’ and that the Bill makes no clear provision in
this connection. Submission No. 1, p.3.
[15] Supplementary
Submission No. 6, p.6. Italics added.
[16] The
judgement states: ‘There may be some fields of endeavour in which those who
work therein study and make themselves familiar with all patent specifications
as they become available for inspection in one or in many countries so that
what was contained therein becomes common general knowledge in that particular
trade or field of manufacture in the country in question’. Supplementary
Submission No. 6, p.6.
[17] Section
7(2).
[18] Supplementary
Submission No. 6, p.7.
[19] Item 4,
Subsection 7(3).
[20] Submission
No. 3, p.9.
[21] Submission
No. 2, p.3; see also, Submission No. 3, p.9.
[22] Submission
No. 3, p.6.
[23] Supplementary
Submission No. 6, p.8.
[24] Item 14,
Subsection 45(3).
[25] Submission
No. 2, p.4.
[26] Submission
No. 4, p.1.
[27] Submission
No. 4, p.2.
[28] Submission
No. 6A, p.4.
[29] Supplementary
Submission No. 6, p.4.
[30] Submission
No. 3, p.11.
[31] Submission
No. 2, p.4; Submission No. 3, p.11.
[32] Supplementary
Submission No. 6, p.3.
[33] Supplementary
Submission No. 6, p.3.
[34] The
Patents Amendment (Innovation Patents) Act 2000 ushered in the new
innovation patents system, which superseded the petty patents system as a ‘form
of second tier intellectual property protection for minor or incremental
innovations’. See Bills Digest No.1 2001-2002, p.2.
[35] The lower
inventive threshold requires an ‘innovative step’ rather than the inventive
step required of standard patents.
[36] Submission
No. 6, p.3.
[37] Law
Council of Australia, Submission No. 2, p.3.
[38] Cited in
Submission No. 2, p.3.
[39] Submission
No. 2, p.3.
[40] Supplementary
Submission No. 6, p.11.
[41] Supplementary
Submission No. 6, p.12.
[42] Subsection
24(1) of the Act and regulation 2.2 of the Regulations outline the
circumstances where public disclosure of an invention does not invalidate a
later patent application. These limited circumstances are the exception to the
general rule that ‘an invention is not patentable if it has been publicly
disclosed before the priority date of the patent’. See IP Australia, Submission
No. 6, p.8.
[43] IP
Australia, Submission No. 6, p.8.
[44] See Item
23 of the Bill. See also Bills Digest No.1 2001-2002, p.10.
[45] Submission
No. 2, p.5, italics added.
[46] Supplementary
Submission No. 6, p.12.
[47] Supplementary
Submission No. 6, p.13.
[48] See Bills
Digest No.1 2001-2002, p.13.
[49] Law
Council, Submission No. 2, p.5; IPTA Submission No. 3, pp.12-13.
[50] Bills
Digest No.1 2001-2002, p.12.
[51] Review
of Intellectual property legislation under the Competition Principles Agreement,
Final Report of the Intellectual Property and Competition Review Committee,
September 2000, pp.160-161.
[52] Submission
No. 2, p.5.
[53] Supplementary
Submission No. 6, p.15.
[54] Submission
No. 6, pp.10-13.
[55] Submission
No. 6, p.11.
[56] Submission
No. 2, p.5.
[57] Bills
Digest No.1 2001-2002, p.13.
[58] Supplementary
Submission No. 6, p.14.
[59] Submission
No. 5, p.1.
[60] Supplementary
Submission No. 6, pp.16-17.
[61] Bills Digest No. 1 2001-02. P5.
[62] See for example Committee Submission 1 -
Australian Federation of Australian Intellectual Property Lawyers.
[63] Committee Submission 2 – Australian Law
Council, p5. and Committee Submission 3 – Institute of Patent Attorneys
(Australia), pp12-13.
[64] See Bills Digest No. 1 2001-02, p12.
[65] Backing Australia’s Ability Innovation
Action Plan – January 2001
[66] Institute of Patent and Trade Mark
Attorneys (IPTA), Submission No. 3, p. 5. See also FICPI, Submission No. 1, p.
3
[67] Law Council of Australia (LCA),
Submission No. 2, p.2, IPTA, Submission No. 3, p. 8
[68] Review Of The Intellectual Property
Legislation Under The Competition Principles Agreement, Final Report By The
Intellectual Property And Competition Review Committee, September 2000, p. 156
[69] LCA, Submission No. 2, p. 3, IPTA,
Submission No. 3, p. 9
[70] IPTA, Submission No. 3, p. 6
[71] Australian Academy of Science,
Submission No. 4, p. 1
[72] LCA, Submission No. 2, p. 4
[73] Dr Ferguson, Submission No. 5, p. 1
[74] IP Australia, Supplementary
Submission No. 6, pp. 16-17
[75] IPTA, Submission No. 3, p. 3