The Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020 received Royal Assent on 26 February 2020 and is now law.
Notice
Importantly, the Act begins the process of phasing out the innovation patent system. As a result, from 26 August 2021 you will no longer be able to file a new innovation patent application.
The phase out of the innovation patent is part of the Government’s commitment to ensuring our IP system meets the needs of Australian small and medium enterprises (SMEs).IP Australia has a range of resources to help SMEs navigate the IP system. Australian SMEs will receive further dedicated support, with an SME case management service, the SME fast track service, a dedicated outreach program and online portal, to be launched as the innovation patent is phased out over the next 18 months.
Innovation patent to be phased out.
Why
The Intellectual Property Office believes that the value of innovation patents is very low. According to a survey conducted by the Australian Intellectual Property Office, innovation patents did not achieve the goal of protecting the intellectual property rights of small and medium-sized enterprises. Instead, they were used by large companies and foreign companies. In order to protect the interests of SMEs and encourage innovation, the Australian Federal Parliament passed this amendment bill.
Similarities and differences between innovation patents and utility model patents
The Australian Patent Office introduced the innovative patent system in 2001 as a new option to protect patents that do not meet Australian standards. Similar to my country’s utility model protection, the invention is not examined before authorization, but it must be passed through when protecting rights Review. However, during the examination, the creativity requirements for innovation patents are very low. Once the examination is passed, the patentee can obtain the same compulsory relief as standard patents.
In addition, Australia's innovation patents have relatively low costs, short protection periods, and fast granting speeds, which are also popular among applicants. Therefore, innovation patents provide a legitimate strategic tool for those who wish to implement their Australian patent rights.
Although it is highly similar to my country's utility model patents, there are some subtle differences. Below, by comparing with my country's utility model patents, let's take a look at the differences between them.