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ARTICLE · 02 FEBRUARY 2018

Innovation patents - the beginning of the end

Clayton Utz
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The phase-out of Australia's innovation patents system is gradual, and innovation patents will be in force until 2027.

AustraliaIntellectual Property
Richard Hoad
Richard Hoad
Deborah Polites
Deborah Polites
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The phase-out of Australia's innovation patents system will be gradual: new innovation patent applications can be lodged as divisionals of pending standard patent applications filed before the commencement of the amending legislation, so there will be innovation patents in force in Australia until 2027.

In its Final Report in relation to Australia's intellectual property system in late 2016, the Productivity Commission recommended that Australia abolish its innovation patents system. In August 2017, the Federal Government announced that it would accept that recommendation.

IP Australia's exposure draft of legislation to give effect to this recommendation (the consultation period ended in December 2017) brings the phasing out of Australia's "second tier" patent system one step closer, but there is still some life left in the innovation patents system.

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