What is an Australian innovation patent?

This patent type is currently under review, with indication it will be removed in due course, but is still available for the time being.

An innovation patent is a shorter-term patent (8 years from the filing date), which can typically be granted within 4 weeks of lodgement upon requirement of formalities examination only. However, an innovation patent must be examined and certified before it can be used against an alleged infringer, requiring the innovation to be novel and involve an “innovative step”.

While we generally recommend the use of standard patent applications where possible, this patent type is worth considering if you require a cost effective early granted patent and/or strong enforceable rights against a potential infringer.