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Australia Innovation Patent Application

Updated:2018-6-27 16:43:29    Source:www.tannet-group.comViews:230

Australia innovation patent is similar to utility models in other jurisdictions. An innovation patent provides fast protection. It lasts for up to eight years from the filing date of your application. It is suitable for a device, substance, method or process that does not have the inventive step requirement needed in a standard patent application. If you want protection for an invention with a short market life that might be superseded by newer innovations, such as computer-based inventions, an innovation patent is worth considering.

Innovation Patent vs Standard Patent
There is no simple rule for determining whether your invention is more likely to be suited for standard patent or innovation patent protection. This depends entirely on the nature of the advance made by your invention over what is already known in the same field of technology.

1. Scope of application
The innovation patent aims to provide business with a relatively inexpensive form of IP protection, which is quick and easy to obtain, for inventions having a short commercial life (e.g. simple tools, utensils, machinery or equipment). An innovation patent is also suited to inventions demonstrating comparatively minor advances over existing technology which may not qualify for standard patent protection.

2. Terms of protection
For inventions that have a longer development and commercialization cycle, such as pharmaceuticals, or inventions involving more complex technological advances, a standard patent may be more suitable. An innovation patent may be granted for the same subject matter as a standard patent, except plants and animals or the biological processes for their generation, but has a shorter term of protection than a standard patent - eight years as opposed to 20.

3. Examination and review
Both innovation and standard patents must be examined before you can enforce your rights. However, by default, innovation patents are not examined unless specifically requested. This may save you time and money by delaying examination until you really need it.

Eligibility of an Innovation Patent
To be eligible for an innovation patent your invention must:
(1) involve novelty (be new): earliest priority date (date at which the application is first filed).
(2) involve an innovative step: the invention is different from what is known before and the difference makes a substantial contribution to the working of the invention. An innovative step is different to an inventive step (which is needed for a standard patent).

Apply for an Innovation Patent
After you have filed a complete application for an innovation patent, we will conduct a simple formalities check to make sure that your application is in order. Generally within one month you will receive notification from Australian IP Department formally granting you an innovation patent (provided you have paid the filing fee). Please note that the innovation patent is granted without substantive examination. If you wish to have a legally enforceable right, you must request examination of your innovation patent. In case your patent has been successfully certified, your rights are then legally enforceable.

Filing your application via a patent attorney can greatly reduce the risk of serious mistakes and improve the commercial value of your patent. Tannet, with local professional legal consulting team, is able to provide you with the reliable intellectual property services and help protect your patent right in Australia.

Contact Us
If you have further inquiries, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website, or calling Shenzhen hotline at 86-755-82143422 or Hong Kong hotline at 852-27826888, or emailing to You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020,Dongmen Rd South, Luohu, Shenzhen, China.

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