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Re: [Australia-public-discuss] cutting the red tape

From: Ciarán O'Riordan
Subject: Re: [Australia-public-discuss] cutting the red tape
Date: Thu, 04 Dec 2014 23:46:24 +0000
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/24.3 (gnu/linux)

Daniel Black <address@hidden> writes:
> (
> recommendations on patents to

Keep in mind that these are "innovation patents", not the usual patents.
Duration only 8 years, easier to get, little or no examination done on
applications unless they go to court:

Are these used against software developers?  They could be, but I haven't
heard of it happening.

But maybe this is an opportunity to tell the government that if they want to
cut down on red tape they need to remove certain categories of things from
the normal patent system.  Such as software.

Some politicians believe raising standards is an answer, but this won't
reduce administrative work.  It might result in rejecting twice as many
applications, but the same number of applications still have to be examined.
It might deter a small number of applications, but it could also increase
workload if the increased rejections lead to applications being submitted
multiple times with tweaks to pass the new test.  On balance I'd expect very
little change in workload.

But excluding a domain from patentability leads to a clear reduction in
administrative load.  If you remove software, then software patents don't
have to be examined at all, and there'd be no point in re-submitting a
rejected application.

My suggestion for a submission would be: "exclude software from innovation
patents, and doing the same for normal patents would be an even bigger

Ciarán O'Riordan
+32 (0) 485 118 029 -

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