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Innovation Patent Applications

An innovation patent is a specialised patent application in Australia that only lasts 8 years. It is primarily designed to protect technology that typically does not meet inventive step threshold required for standard patent application.

Innovation patents are quicker and generally cheaper to obtain. They are usually granted about one month after the complete application is filed and verified. There is no pre grant examination of these applications. Although examination can be voluntarily requested by the patent owner or a third party post grant.

These applications need to include an innovative step rather than inventive step. An innovative step exists when the technology is differ from what is known before and the difference makes a substantial contribution to the working of the invention.

There are several strategic advantages to filing an innovation patent. They are also a useful tool in situations where you believe your technology is possibly being infringed in Australia. This is because you will be granted a patent within one month rather than years.