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Australia - Replacement of Petty Patents by "Innovation Patents"

The present system of granting petty patents in Australia has not been used widely. The main reason for this has been that the requirements for valid protection have been the same as for a regular patent and the term has been shorter. The Australian Parliament has now enacted legislation to replace petty patents with "innovation patents". The legislation came into effect in May 2001. There is one clear difference from the petty patent system, namely, that it is intended that a lower standard of inventiveness will be required for an innovation patent than is required for a regular patent. To qualify for protection by way of an innovation patent, all that is required is that the innovation makes a "substantial contribution" to the art. It need not be non-obvious to one skilled in the art. The term of protection for an innovation patent will be eight years from filing. Innovation patents will be granted without examination, but examination will be required before they can be enforced.


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© Copyright 2002 Ladas & Parry - Posted February 2002
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