[Linux-aus] Review of the Innovation Patent System - final report out

Daniel Black daniel.subs at internode.on.net
Sat Jun 28 12:18:03 EST 2014

On 27/06/14 17:00, Martin Ebourne wrote:
> On Fri, 2014-06-27 at 15:55 +1000, Daniel Black wrote:
>> http://www.acip.gov.au/reviews/all-reviews/review-innovation-patent-system/
>> Happy reading.
> Thanks for this update.
> Section 2.5, page 12. 0

In full it is:

Recommendation 5: Amend subsections 18(3) and 18(4) of the Patents Act
1990 (Cth) to provide that,  for the purposes of innovation patents, no
method, process or system shall be patentable.

"Finally, submissions received by ACIP have argued and provided cogent
evidence that in one important business sector—namely the computer
software industry—the effect of patenting methods, processes and systems
at the innovation patent level is to significantly undermine innovation
in that sector, particularly innovation by SMEs. "

And the following 5 paragraphs talk about why this recommendation is
being done particularly for the software industry.

Other recommendations of raising the required level, better naming, and
earlier certification/examination are also of benefit even if
Recommendation 5 isn't adopted for some reason.

> Seems someone was listening which is nice.

"Just over half of the submissions (34) were received from participants
in the software industry. Most of these submissions supported an
abolition of computer-related patents"

And looking at the submissions it was us. So well done LA and the other
members of the Open Source Free software industry - your impact in
submissions has had and effect.

> It would be even better if this was for real patents not just
"innovation patents".

The review was only innovation patents so I think its an important step
in acknowledging the damage that the patents are causing.

> Lets see if the recommendations get acted upon.

"The Government is presently considering its response to this Report."

Now would be the time to tell them.

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