As of 25 August 2021 the innovation patent system has been phased out. Complete applications, including PCT applications, filed on or before 25 August 2021 may still form the basis of a divisional innovation patent application or conversion to a an innovation patent application, although it should be noted that all innovation atents are set to expire by 25 August 2029.
Innovation Patents were made available to assist Australia inventors and companies to file patents for inventions that while novel and new did not necessarily meet the inventive threshold required for standard patents.
Providing yearly renewal fees are paid each year from the second year after filing, they can last for up to 8 years.
An innovation patent first undergoes a formality check and providing the application has been formatted and presented as required by the regulation and only includes up to 5 claims, it is usually granted shortly after filing as there is no automatic examination substantive matters such as Patentable subject matter, novelty and innovative step before it is granted.
