Australia's second-tier innovation patent will be phased out
from 26 August 2021 and it
will no longer be possible to file innovation patents having an
effective filing date on or after this date.
Innovation patents have proven to be a valuable tool for
innovators to obtain robust enforceable rights quickly in
Australia. This is largely due to a lower threshold for validity,
with the usual remedies still available for
infringement. Details are provided below.
Advantages of innovation patents
While an innovation patent has a maximum term of 8 years and can
contain only five claims, grant is obtained within about one month
of filing (subject to certain formalities requirements).
Substantive examination and certification is also required to
enforce an innovation patent. However, examination can be requested
at any time during the patent's 8-year life and the
patentability threshold is significantly lower than for standard
patents. In particular, the claims of an
