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, official fees are reasonable.
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, over the last three years our spend on a provisional patent application has been between $6-7,500. PCTs are typically $12-15k (sometimes more).
Most of this cost can be attributed to professional fees. Value for money is tied to a certain level of service.
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?
Navigating the filing process, understanding the process and meeting deadlines can be complicated. There is a lot of valuable information on the IP Australia website but this in itself can overwhelm potential applicants. The IP Australia SME portal is fantastic but one of the first results in a google search for “file a patent in Australia” brings up a 269 page document titled A guide to applying for your patent. Many patent attorney firms also rate highly in search results. The IP Australia SME portal doesn’t even come up in the search even when you include ‘SME’ in the search string. Industry associations such as Business Enterprise Australia (becaustralia.org.au) should also be encouraged to include a link to the SME portal.
Is the fear of litigation putting small businesses off patenting? - Is the fear of litigation putting small businesses off patenting?
An IP dispute resolution/mediation option may alleviate some concerns.
Not if it is a 'Kangaroo court' like trade marks though.
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?
Even bigger players (such as universities) debate over whether an appetite exists to enforce rights. This is not only a fear perceived by SMEs.
As a Tech Transfer Office we have to pitch the value of the IP and the strength of the patent to investors and potential licensees. Honed negotiation skills is needed in our jobs.
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?
Possibly. This would be hugely tied to the valuation of the IP, which calculating such is an art (a career) in itself.
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?
Once a patent application is filed, the clock starts ticking. Filing secures a priority date but must be done before the technical details of the innovation have been shared/distributed/published. Patents are only one tool available to SMEs in the commercialisation toolbox and trade secrets, design applications and copyright must all be considered and valued accordingly.
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?
Education in plain english.
Lack of real 'set' quotes from attorneys. I understand that the drafting time can blow out, however setting expectations is key early. A SME may not have the bargaining power a university or a company has.
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