The major focus of this paper is introducing an objectives clause in patent statutes. Such proposals have been made in Australia as it is clear from case law that judges need better direction as to the goals of the patent system. An advisory group, composed largely of patent system...

The inventive step is the critical variable in determining balance between patent costs and patent benefits. Set at the right level it ensures that the knowledge spillovers from new inventions offset the costs of restraining competition. But asking the question "is it obvious?" sets a far lower...

Drawing on case law and the results of an empirical study, this paper demonstrates that the height of the inventive step in Australia is close to zero and substantially different from the "significant advance over what is known" advised to the Australian parliament in 2011. To "raise" the height...

Despite advice to parliament that patents are granted only for "a significant advance over what was known and what was available to the public" the evidence shows this is not the standard used. The actual standard is a scintilla – a marginal difference from what is known. The consequence of...