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Adrian interview

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Hi well we have a very special interview lined up today, to gain some interesting insights from an innovation patent holder. So I’d like to begin by introducing my guest, Adrian Giacobetti - welcome. Thank you. So for those of you who don’t know Adrian is reviewer in the quality improvement section and has been at IP Australia since July 1990.That’s a very long time. It is a long time. Now Adrian was granted the very first innovation patent issued by IP Australia on the 24th May 2001. So Adrian I’d like to start off by asking you what your innovation patent is about? So What was your invention? Ah well thank you Ramila. Thank you for having me here today and to talk about my innovation patent. My invention is a piece of outdoor furniture which serves two purposes. Firstly to go sit on and secondly to go safely store your footwear and other small items. The idea of it was to when people have their work boots and gumboots and things like that they leave at the backdoor or leave it at the front door area it looks messy to visitors who has come to see you or your home. There is a temptation for your dog to go and take your shoes away and have a bit of a chew. Also we wanted to make sure that your footwear and your gumboots were actually protected from any nasty spiders or ants or anything like that. So when you went back and put your shoes on there were no issues. The other thing that is important is that you know you can think of a country house with a big verandah out front and there is no where to come and sit and take your shoes off in a safe and comfortable way. So a nice seat at the front would make it easy for a guest as well. Absolutely. The other thing that is interesting about my invention is that the shape of the furniture allows it be put up against the wall so there is no dust or rubbish to collect behind it. Another feature is that it allows air flow through the storage areas so that the boots can remain, so that the ordours can be released out of the safe area and also insect proofing and also the system has an easy opening and closing mechanism to it and it also has different heights for the seat so you can actually cater for children as well. So it was really a lot of ideas put into one piece of furniture. Absolutely. So Adrian why did you apply for an innovation patent? Why not a standard patent? That was an important consideration to be made. I felt that the innovation patent came in and it really replaced the old petty patent system which i hadnt examined. The idea behind innovation patents is to encourage small to medium sized enterprises to do further innovation and I thought why wouldnt I’m a small person and Im only a private inventor so I thought Id go down that path. The other important thing about innovation patents is that it has a lower threshold of inventiveness which is now expressed as innovative step. Thats right. There is no requirement for examination so you dont have to do that which i think is an important feature of the innovation patent. Its as short term which is only 8 years and i thought well if I don’t it get it done in 8 years then its going to be a good term anyway. And obviously its a lower cost. So that was some of the factors that i took into mind when i actually thought about going for an innovation patent. So I was more comfortable and more satisfied that i would meet the requirements for innovative step than inventive step which is required for a standard patent. I wouldnt have to go through the examination thing which was great so it saved me on administrative work and as a private inventor i didnt want to do that and lower costs, Um the important thing is though you can still apply for innovation patent to be examined at a later stage so that option is still available to you, if you want to enforce your patent rights. So there is still the advantage of a standard patent as well. Now this innovation patent was granted but never examined is that right? Thats correct. If it was examined do you think it would pass the test of innovative step? I’m confident that it would. Um when you look at an innovation patent you have to think about the innovative step test . Does the features, would the features make a significant contribution to the working of the invention and you look back in history it really came out of the case law of Griffin Issac which started back in 1942 and the more recent case law which is Dura Post and Dilmore which clarified what the concept of an inventive step or innovative step sorry and the meaning of substantial contribution so when you look at those two tests I figured that yes I’d be confident that i had enough information and enough substance in my specification to be able to get over novelty and innovative step. Oh wow. So I was conscious of the case law behind it to see whether i would pass those two tests. Yep. Now the patent wasn’t examined so that means it wasnt certified which means you weren’t able to to enforce your IP right? So why why did you decide not to have it examined? Well i figured if no one was infringing my patent my innovation patent then there was really no value in getting it certified. Um when i applied for an innovation patent, that IP right exists there. Yep. The question is whether i want to enforce that right later on. Um I do note though there is a provision in the act that allows for a third party to request examination on my patent and pay half the examination fee. And I thought that would be good. But no third party has taken that option to get it examined so I thought there was no one interested, no one actually infringing my patent. And if there w as I would be happy to license or sell my patent to that person. So i left that option open to myself. Um, there is another interesting point about innovation patents I don’t think people realise its a very efficient and convenient way to add knowledge to technical um to add knowledge to the world and technological advancements and to have that published throughout the world without you even having to consider that. You are actually adding to the body of knowledge throughout the world in an efficient way. And more recently one of the examiners in the patent examination area bought to my attention that my actual article of manufacture my piece of furniture was being manufactured and made. Oh wow okay. So I felt that there was clearly if you think about it clearly opportunities for some for small to medium enterprises to go through some of the expired patents and see if there was any worthwhile ideas that you could be able to use. Well thats an interesting thought. Um Adrian you are usually on the other side of the fence that is working for IP Australia administer IP rights. Now but as an applicant filing How did you find the whole application process? Was it quite arduous? Was it difficult to draft your invention into just 5 claims? Um I found the whole process very easy and very fast. Oh ok. When I first came up with the idea in 2001 I actually put together the specification, description, claims, drawing and the abstract and I had it ready to go when the innovation patent system was going to go live and I was ready to go and back then you could file it electronically online or in paper form but i was ready to go and I filed it electronically on the day. That worked out really well. Um there is only 5 claims for an innovation patent that’s more than enough. Can you think back to the petty patent that only had three. Three! We got now five. Yep so my set of claims had one independent claim, 3 dependent claims and I had my fifth claim as a typical omnibus claim. Ah of course. So that worked out well. The key issue is when you only get five claims you got to think what’s the essence of my invention and then work out what the features are and then put those features in the claims. So that’s the real art of drafting claims the word count. That aspect. And I feel like I got I understand my invention well enough to be able to draft the claims, to do that. Now the million dollar question. Do you happen to have any other inventions up your sleeve? Its a good question and I have a couple actually. Wow okay. But I can’t tell you what they are. Because you are on camera? I cant tell you because I cant actually disclose them until I have filed them. But. Wise move. Wise move. So I got a team of two other guys working on another major invention that we are working on. Um In my view I think Australians are great inventors and that’s my view. I’d like to think that people would like to recognise that a bit more in Australia. In fact we’ve had great inventors being recognised as Australians of the Year. Yes. And I remember at least four of them the most recent being in 2000 being Sir Gustav Nossal whose work in antibody formulation. So that was I think we’ve got great Australian that do great work in the fields of science and technology. Well I’ll be keeping my eye out for your next invention that will be coming along. Okay Thank you very much for your time Adrian. It’s been greatly appreciated. We hope you enjoyed watching this video. Thank you. Thank you.

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Duration: 10 minutes and 47 seconds
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Language: English
License: Dotsub - Standard License
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Views: 12
Posted by: cparam on Jun 15, 2015

Adrian interview

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