1. Key Features of Innovation Patent System
8 year term (cf. 20 year term for standard patent)
Same exclusive rights as standard patent
Maximum of 5 claims
Requires “innovative” step (cf. “inventive” step for standard patent)
Plants and animals, and biological processes for generation of plants and animals excluded

2. Innovation Patents
No substantive examination prior to grant (i.e., issue)
Formalities examination only (within one month)
Publication at grant
Voluntary post-grant examination (anyone can request)
Required for enforcement of innovation patent
Certificate of examination if examination successful (within one month)
Revocation if examination unsuccessful

3. Innovative Step
“An invention is to be taken to involve an innovative step when compared with the prior art base unless the invention would, to a person skilled in the relevant art, in the light of the common general knowledge as it existed in Australia before the priority date of the relevant claim, only vary from prior art information in ways that make no substantial contribution to the working of the invention.”
Prior art base: any prior documentary publication / public use
Each piece of prior art information must be considered separately

4. Strategies for using Innovation Patents
A “Divisional” innovation patent is a useful litigation tool
Faster to grant
Same remedies apply
Be wary of broader prior art base!
Innovation patent may be valid for even the lowest level inventions
Consider standard and divisional innovation patent protection where there may be a question regarding inventive step / obviousness
Consider converting standard patent application to innovation patent application when inventive step an issue in examination