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ARTICLE · 14 SEPTEMBER 2020

The window to secure an innovation patent filing is closing

Freehills Patent Attorneys
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Overseas applicants should consider filing an Australian or PCT application to retain the option to pursue an innovation.

AustraliaIntellectual Property
Carl Harrap
Carl Harrap
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As we reported earlier this year, Australia is phasing out its second-tier patent, the innovation patent. The deadline to file an Australian patent application in order to attain an innovation patent is 26 August 2021.

The innovation patent can be a very valuable patent right for many inventions, offering the same rights as a standard patent over a maximum term of 8 years. Not requiring an inventive step, innovation patents can be easier and faster to obtain and difficult to invalidate. Patent applicants may therefore wish to bring forward the filing of a patent application to meet the deadline.

It is a complete application that must be filed in Australia by the deadline of 26 August 2021. The complete application may be an application for an innovation patent, an application for a standard patent or an international (PCT) application.

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