Our Patents Act provides for an innovation patent. The innovation patent can provide protection as broad as a standard patent without the need for the invention to involve an inventive step.
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\nThus, the innovation patent establishes a right that is at least as effective as that established by a standard patent, but which is significantly easier to obtain. This makes it particularly useful as an early enforcement tool and as a backup for marginal standard patent applications.
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\nCompliance with an "innovative step" is required. The requirement is met if the novelty-conferring feature of the innovation makes a substantial contribution to the working of the invention. It is much easier to meet this requirement than it is to meet the inventive step requirement of a standard patent.
Usually a defence to an infringement action is a counter-claim for revocation of a patent on one or more grounds of invalidity. With standard patents, one of the grounds is almost always that the invention does not involve an inventive step. Since the innovative step requirement is less onerous than the inventive step requirement, the chances of success in a revocation counter-claim could be significantly reduced when enforcing an innovation patent.
","stylesMapId":"CK_EDITOR_PARAGRAPH_STYLES","linkList":[]},"dataItem-iwo93ut2":{"type":"StyledText","id":"dataItem-iwo93ut2","metaData":{"isPreset":false,"schemaVersion":"1.0","isHidden":false},"text":"It is possible to file a divisional application for an innovation patent from a standard patent application. This is useful if you wish to enforce patent rights before the standard patent is granted, due to the relatively quick grant and subsequent certification of an innovation patent.
","stylesMapId":"CK_EDITOR_PARAGRAPH_STYLES","linkList":[]},"dataItem-iwo9628l":{"type":"StyledText","id":"dataItem-iwo9628l","metaData":{"isPreset":false,"schemaVersion":"1.0","isHidden":false},"text":"The innovation patent is granted shortly after the application is filed. The patent is published at the same time, so making the invention disclosure available to the public. This can be significant, since it will prevent withdrawal and re-filing while the invention is still novel. This can be done with a provisional application while the invention is still novel, in order to "extend" the 12 month deadline for filing further application/s based on the provisional application.
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\n\nA provisional application will only be published about 18 months after the application is filed and only if further applications based on the provisional patent application are filed. For this reason, we usually counsel that an innovation patent application only be filed at a later stage, based on a provisional application if the invention is still novel.
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\n\nAn innovation patent has a life of 8 years from the date of filing the patent application. In cases where the application for the innovation patent is a divisional of a standard patent application, the date of filing would be the date of filing the standard application. Only 5 claims are permitted for an innovation patent. However, these claims can be independent claims.
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\n\nOnce the innovation patent is certified, it can be opposed at any time during its life. Opposition is relatively cheap and informal when compared with actions in the Federal Court. Thus, an infringer may consider launching opposition proceedings more readily than court proceedings.
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Contact us if you are interested in an innovation patent or if you have any questions.
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