Submissions: Published response
What is your organisation? - Organisation
Submission - Submission
Submission - Submission for publishing
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?
In my experience the professional fees charged by our patent attorney are extremely good value for money and certainly not a barrier to pursuing IP protection.
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?
We rely entirely on our patent attorney for support and advice.
Is the fear of litigation putting small businesses off patenting? - Is the fear of litigation putting small businesses off patenting?
Not us.
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?
Yes and yes.
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?
Introduce a first step "adjudication" process similar to the CCA Adjudication process and include a "Calderbank" indemnity costs risk to the loser of the adjudication.
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?
It MUST be done at the very beginning. The best way is to find and engage with an experienced patent attorney.
Do you have any other comments on the issues raised in this paper, or on any other barriers that may hinder SMEs from accessing the patent system? Do you have any other suggestions for initiatives to improve accessibility? - Do you have any other comments on the issues raised in this paper, or on any other barriers that may hinder SMEs from accessing the patent system?
Please refer to my submission letter.
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