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ARTICLE · 15 APRIL 2020

The end of the innovation patent – finally.... eventually!

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The innovation patent will be phased out over 8 years from 26 August 2021 to 26 August 2029.

AustraliaIntellectual Property
Scott Philp
Scott Philp
Simon Reynolds
Simon Reynolds
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On 26 February 2020, the Intellectual Property Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019 finally passed into law. The legislations prime operation is the abolishment of Australia's unique Innovation Patent system. However, instead of the immediate repeal, the innovation patent will be phased out over 8 years from 26 August 2021 to 26 August 2029.

Key deadlines are as follows:

  • Until 26 August 2021, there is no change and innovation patent applications may be freely filed, subject to existing limitations.
  • After 26 August 2021, innovation patent applications will be granted if they have a filing date of 26 August 2021 or earlier. Pre-existing patent applications or PCT applications designating Australia with a filing date prior to 27 August 2021 may serve as the basis for a new divisional innovation patent application or be converted into an innovation patent application in the usual way.

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