The proposed long, slow death of Australia’s innovation patent

Attempts to kill off Australia’s second-tier “innovation patent” system have been ongoing for a number of years.  In the most recent challenge, the Productivity Commission has been the lead prosecutor and professional bodies such as IPTA (the Institute of Patent and Trade Mark Attorneys of Australia) have acted for the defence.  The Australian Government is,

Does Australia’s innovation patent really have to die?

Australia’s second-tier innovation patent system is presently on death row.  With all appeal avenues seemingly now exhausted, we ask the question – albeit somewhat academically, as to whether it indeed has to die – or whether it could be rehabilitated. Introduction Last month, the Government released its response to the Productivity Commission’s inquiry into intellectual

Excesses of innovation patent damages pulled back

In a significant decision, the Full Federal Court has overturned an earlier single judge Federal Court decision regarding the date from which infringement of an innovation patent can occur. One of the unusual implications of the earlier decision was that a divisional innovation patent could be infringed before it was published, or even filed. The

Moves to abolish the innovation patent

Since 2001, Australia has had a second tier innovation patent system that provides a very fast patent grant with a limited term, delayed examination and no obviousness test, but rather a reduced innovative step test.   The system was introduced to attempt to stimulate innovation in Australian small and medium enterprises (SMEs) by providing an easy, quick and inexpensive way to achieve protection for

Australian government takes drastic action to curb Australian innovation patents

Australia’s unique innovation patent system provides inventors with a useful tool for protecting lower level innovations, thereby plugging the gap between the protection available under the registered design system and that afforded by the standard patents regime. This is consistent with the original objectives of the legislation, which sought to achieve this outcome when replacing the previous

Australian innovation patents offer solution to standard barriers to grant

There have been many recent discussions regarding the opportunities offered by Australian innovation patents that are strategically filed as innovation patents at first instance.  However,  less well known is the fact that the innovation patent system can also provide a very useful and cost effective fall back option during prosecution of your Australian standard utility

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