Fabricating Invention: The Patent Malfunction of Australian Patent Law
Agenda - A Journal of Policy Analysis and Reform, Vol. 20, No. 2, 2013
15 Pages Posted: 23 Nov 2014
Date Written: November 7, 2013
Despite advice to parliament that patents are granted only for "a significant advance over what was known and what was available to the public" the evidence shows this is not the standard used. The actual standard is a scintilla – a marginal difference from what is known. The consequence of such a low standard is that thousands of patents are granted for things that contribute no public benefit. Such trivial patents can impede genuinely inventive companies.
Keywords: invention, patents, innovation policy
JEL Classification: O31, O34, O56
Suggested Citation: Suggested Citation