Innovation Patents

Innovation Patents – Abolition of in Australia

Innovation Patents: If you are not familiar with the innovation patent, it is a form of patent protection with a term of up to eight years and provides a fast and efficient application process when compared to a standard patent application. An innovation patent is desirable when a rapid grant of protection is required. In our view, innovation patents can be useful.

The Federal Government has draft legislation aimed at abolishing innovation patents. This legislation is likely to be introduced into Parliament very soon and is expected to be passed quickly.

Existing innovation patents will not be affected.

However, from the day the new legislation comes into force, it will not be possible to file a new innovation patent application, with the following proposed exceptions:
• An existing pending complete application may be converted into an innovation patent;
• A divisional innovation patent application may be filed from an existing pending complete application for a standard patent; and
• A divisional innovation patent application may be filed from an existing certified innovation patent within one month from certification.

Because the new legislation is likely to come into force very soon, we strongly recommend that, if you wish to achieve coverage for inventions which may not qualify for normal patent protection, you act swiftly and contact us now so we can apply for protection prior to the changes coming into effect.

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