Submissions: Published response
What is your organisation? - Organisation
Are the official fees set by IP Australia a barrier for SMEs? - Are the official fees set by IP Australia a barrier for SMEs?
No
Are the professional fees for patent attorneys and IP lawyers a barrier for SMEs? Are professional fees good value for money? - Are the professional fees for patent attorneys and IP lawyers a barrier for SMEs? Are professional fees good value for money?
Yes, professional fees are most certainly a barrier for SMEs.
Yes, fees associated with drafting, technical and legal advice can be good value for money, however, it pays to shop around to ensure rates are reasonable. Administrative fees, attached to professional fees, do not represent good value for money.
Is the support offered by the Australian Government on patents useful for SMEs? How can these resources better reach SMEs? - Is the support offered by the Australian Government on patents useful for SMEs? How can these resources better reach SMEs?
Yes. However, I would encourage further engagement with the university sector given (a) their involvement in supporting start-ups and spin-out companies, and (b) the limited resources within technology transfer offices across the sector. Knowledge Commercialisation Australasia (KCA), as the peak body representing tech transfer in Australia and NZ, would be sensible way to engage and partner with the sector.
Is the fear of litigation putting small businesses off patenting? - Is the fear of litigation putting small businesses off patenting?
No
Is the fear of litigation well founded? Is enforcement actually that difficult and expensive? - Is the fear of litigation well founded? Is enforcement actually that difficult and expensive?
For a start-up or spin-out company, the costs associated with enforcement will most probably involve external counsel. For early stage companies, lacking the in-house expertise and cash, embarking on these actions will inevitably be difficult and expensive.
How could enforcement be made more accessible? Is it possible for costs to be contained at certain points? - How could enforcement be made more accessible? How much cheaper would patent litigation need to be to be within reach of SMEs?
Agree with the ideas of the Interviewees.
How and when can SMEs best be encouraged to consider patents as part of their commercialisation and broader IP plans? - How can SMEs be encouraged to consider patents as part of their commercialisation plans?
All SMEs must have at least a general understanding of IP and the significance of it to their business, e.g. how patent rights may be leveraged. This general understanding will help inform decisions on patent protection and commercialisation. IP Australia and other government bodies offer educational resources. Businesses need to be equip with this knowledge as early as possible. Broad and continuous engagement with SMEs (and universities supporting enterprise creation) is thus important.
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