Submissions: Published response
What is your organisation? - Organisation
Submission - Submission
Submission - Submission for publishing
Is the fear of litigation putting small businesses off patenting? - Is the fear of litigation putting small businesses off patenting?
Yes. We have significant innovation knowledge and experience and our management has developed tens of products and technologies over the past 4 decades in the United States, China and Australia.
In recent years, most major economies have changed their laws to favor their own technologies and to encourage domestic innovations, R&D and Investments. Australia badly lacks in this area. Please refer to Exhibit 1 attached and do not hesitate to call on us for additional information and details.
This significantly restricts Australian SMEs' access to technology funding which in turn suppresses innovation and eliminates the inventors' incentives and rewards.
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?
Our answer to this question is YES. SMEs fear of wasting significant resources for little or adverse outcomes against multinational conglomerates is well-founded and very real.
After spending over 5 years and well in excess of $10M USD to enforce our patents in the United States and China we have all the necessary evidence to prove this point beyond any doubts.
Our experience includes both some successes and significant failures which provides critical evidence for this section of this Review. We are looking forward to sharing our information and knowledge with you.
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?
First, on making enforcement accessible, we offer the following points:
A. Providing Government Procurement Guidelines that provides preference for Australian patents in underlying supplies and services. This will provide more than sufficient funding and promise of profits for Australian innovative products and services that easily provide incentives for enforcement in Australian legal system.
B. Builds the culture of support for Invented Here just like "Buy American" or "Made in China" developed by support of their respective governments' procurement laws.
C. Rebutting Post Grant Reviews of PCT Members -
D. Patent Litigation Timeline Legislations - much like 1-year post grant (IPR) proceedings of USPTO or SIPO but in the court system.
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?
A. By qualifying patent prosecution and enforcement expenses in the R&D grants.
B. Reducing the taxes on IP royalties and enforcement recoveries
C. Ensuring or backing investors investments in IP through tax deductions.
D. Giving preference to local SMEs over multinationals in Innovation Districts participation
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?
Providing incentive for large government projects to incorporate SME Innovations over alternative imports....
Providing the SMEs full access to review government contracts with big techs and multinational conglomerates to encourage development of local innovative solutions and alternatives.
See the attached paper submitted to the Minister for Industry, Science and Technology, requesting Australian Innovation Protection Bill. This submission was made through our Federal MP, Nicolle Flint (See letters attached). I have also attached a summary of our key Virtual Commerce patents in Australia and China for your information.
Please feel free to contact me for any additional information regarding this matter.
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