On a Road to Nowhere ─ The Absence of Any Inventive Step in Standard Patents
64 Pages Posted: 16 Dec 2012
Date Written: October 26, 2012
Abstract
Drawing on case law and the results of an empirical study, this paper demonstrates that the height of the inventive step in Australia is close to zero and substantially different from the "significant advance over what is known" advised to the Australian parliament in 2011. To "raise" the height of the inventiveness requirement for the second-tier patent system to the very low standard required for standard patents is therefore a waste of time.
Keywords: patents, patent policy, inventive step
JEL Classification: O34, O31, O30
Suggested Citation: Suggested Citation
Moir, Hazel V. J., On a Road to Nowhere ─ The Absence of Any Inventive Step in Standard Patents (October 26, 2012). Available at SSRN: https://ssrn.com/abstract=2189713 or http://dx.doi.org/10.2139/ssrn.2189713
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