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ARTICLE · 10 SEPTEMBER 2013

Australia’s innovation patent

While many countries offer a single type of patent to protect inventions, Australia offers two.

AustraliaIntellectual Property
Jessie Buchan
Jessie Buchan

THE STRONGEST PATENT IN THE WORLD THAT YOU HAVE PROBABLY NEVER HEARD OF

While many countries offer a single type of patent to protect inventions, Australia offers two – a standard patent and an innovation patent. As this article will show, the innovation patent is probably the strongest patent in the world and also the least known.

Australia's unique innovation patent system was introduced with the objectives of providing a "second-tier" system to protect lower level or incremental inventions and to encourage innovation amongst small to medium sized enterprises (SMEs) by providing a faster and more cost effective mechanism for obtaining patent protection for their lower level inventions. However, although introduced to achieve these objectives, the availability of innovation patents is not limited to incremental inventions or to SMEs. Rather, subject to the limited exclusions from patent eligibility referred to below, innovation patents are available for all forms

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