Submissions: Published response
What is your organisation? - Organisation
Submission - General comment
I have about 6 patent applications, some granted. I plan to have at least 3 more.
The cost for these patents is so high it is almost impossible to fund them.
Another problem is my inventions are mechanical and it is difficult to find a patent company that has experts skilled in machinery design. So some of the claims are not worded correctly causing costly re-wording of the original claim.
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?
Very high. I was told $400 per hour some time ago But there are follow up fees because of incorrect wording. I have this problem now. But the patent Co. benefits by making incorrect / insufficient wording.
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?
Great to have this support
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?
The cost is the major problem. Almost impossible to fund patent applications
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?
If an application is very well worded there should not be a great problem with enforcement. But it would be great to have a "big stick" to prevent others coping a patented process or invention.
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?
I think SME's look at cost first, then real protection.
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?
Be great to have guide lines to allow a SME owner to develop a patent application, then have some special expert check and correct the legal requirements if required.
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