Earlier this year on 26 February 2020, legislative amendments
were passed to begin phasing out the innovation patent in
Australia. The process will be slow, as innovation patents can
continue to be filed until 25 August 2021, and it
will be 26 August 2029 before all expire. While
the system's abolishment has been in the pipeline for several
years, businesses should ensure they are up to date with the
changes.
The Rise of the Innovation Patent
The Australian Government introduced the innovation patent in
2001 to encourage innovation, by creating a mechanism for small to
medium-sized businesses to protect their intellectual property in a
quick and cost-effective way. Generally, the requirements for
securing an innovation patent are less strict. The threshold for
inventiveness is lower, with applicants only required to show that
their invention involves an 'innovative step', rather than
the standard patent 'inventive step'. With a shorter
protection period of eight
