Invention or Innovation
If you want to learn about the importance of "invention", talk to a patent attorney.
If you want to hear about the importance of "innovation" - talk to anyone who is
trying to develop and market and idea. The history of invention is the story of
litigation – innovation is the story of incremental improvements and commercial
success.
Innovation Patent
Fortunately, in Australia, and some other countries there is an alternative to the
standard patent that has a requirement for the idea to be both novel and inventive.
In Australia, this alternative is called the innovation patent.
Threshold and Protection
The innovation patent system in Australia requires a lower inventive threshold than
the standard patent and provides protection for lower level inventions. It has a
shorter life of eight (8) years compared with the 20 years of a standard patent.
Advantages of Innovation Patent
An innovation patent is granted after a formalities check and will provide the patent
owner with a right that is quick and cheap to obtain, is relatively simple and that
will last for a sufficient time to encourage investment in developing and marketing
the invention.
Substantive Examination Required for Enforcement
In comparison to the standard patent the innovation patent does not undergo substantive
examination - the time consuming and most costly process in which the invention
is assessed against statutory criteria - does not occur for an innovation patent
to be granted. However, for the innovation patent to owner to enforce the innovation
patent – the innovation patent must subject to substantive examination and certified.
Our updated studies and research will publish shortly.