Work in Progress.

Workshopped in 2022 and 2023

This chapter charts the historical evolution of second tier patent systems in Australia – looking at the establishment of the petty patent system, the rise and fall of the innovation patent, and the new focus of the Albanese Government upon breakthrough inventions. In terms of its methodology, this Chapter provides a historical study of intellectual property reform in Australia. It follows in the rich tradition of historical research in respect of intellectual property in the jurisdiction. This Chapter also uses socio-legal methodologies to highlight the gap between the aspirations for the innovation patent system, and the operation of the system in practice. This Chapter also draws upon empirical research into intellectual property registration data. This work is an investigation of patent litigation – the so-called ‘patent wars’. As well as exploring intellectual property, this Chapter also considers Australia’s innovation policies – particularly in respect of small-to-medium enterprises and lone inventors. It highlights the tensions between the nationalistic vision of Australian policy-makers, and the larger forces of globalization.