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.