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Innovation Patent

The Australian innovation patent is designed for lower level inventions not necessarily meeting the inventiveness requirement of a standard patent.

Instead the invention the subject of an innovation patent must involve at least an innovative step instead of the inventive step of a standard patent.

As a consequence, innovation patents while providing all the rights and remedies of a standard patent, have a reduced maximum term of 8 years as compared to the 20 years of a standard patent.

Examination of an innovation patent is potentially a two stage process with an innovation patent application being automatically granted after a formalities check. An granted innovation patent may then be certified after a substantive examination process involving an assessment against previously published information or public uses.

Certification of a granted innovation patent is a requirement prior to taking any Court action in Australia seeking to enforce your innovation patent.