Does the Patents Act 1990 protect space technology? Part 3
Given it is possible for a space object not to be registered under the 1975 Convention, limiting the definition of a space object to one that is only …
Given it is possible for a space object not to be registered under the 1975 Convention, limiting the definition of a space object to one that is only …
An interpretation where the extent of the Patent Act is geographical means it would not extend into space even though Australian jurisdiction can.
Over the past few decades, the world has seen dizzying advancements in technology, none more so than the rapid and accelerating commercialisation of space.
Following legislation changes, on Thursday 27 February 2020, IP Australia announced that it will no longer accept new innovation patent applications from 26 August 2021. The death of the innovation has been a protracted affair, so this decision by IP Australia was not unexpected.
Patents are filed for a number of reasons, whether it be offensive or defensive. But, at some point, there should have been a commercial decision to file a patent to protect an invention that has resulted from research and development (R&D).
Unlike patents, trade marks, and designs which are enforced under the provisions of their respective Acts, trade secrets are not subject to their own Act.
Most, if not all, organisations unknowingly develop confidential information including trade secrets. Take, for example, a courier who learns that, at a particular time of day, it is best to take a certain route to avoid traffic.
For most inventors, the patenting process is a foreign concept that is confusing, complex, and divorced from the underlying development of the technology of an invention.
Since we first sent objects into space, rockets have been used for the transportation of space objects. These first rockets were complex, costly, single-use, and had high failure rates. At the time, these issues were overlooked by space agencies in the race to get into space.
One of the most exciting developments in recent years is the rapid and accelerating commercialisation of space which has a seen a transition away from government-led projects towards private enterprise.