Now phased out in Australia, an innovation patent was formerly used to protect inventions with a lower threshold of inventiveness, requiring an innovative step rather than an inventive step as required by a standard patent.
Beginning in 2020, the phase-out was completed by the 25th of August 2021. Anyone who filed for an innovation patent before this date has the right to continue their application under this type of patent.
Anyone already holding a granted innovation patent continues to hold protection under Australian Patent law until it expires or lapses.
The objective of the innovation patent was to support small to medium enterprises (SMEs).
It allowed them to quickly develop and protect new inventions that had the potential to be quickly superseded by newer innovations.
Over time, it was acknowledged that these objectives were not being met as expected and that the need for an innovation patent was therefore unnecessary.
In place of innovation patents, inventors can now request protection under the standard patent application process.
Standard patents are more complex to finalise than an innovation patent and unlike the latter, require an examination and an inventive step rather than an innovative step.
While this can be viewed as a downside, the protection offered by a standard patent is 20 years, compared with only eight years for an innovation patent.
For help dealing with an existing innovation patent, the conversion of an application or the pursuit of a new standard patent, it is best to speak with a qualified patent attorney.
I found them online and initially I was bit hesitant to talk to them about my problem but when I spoke to Barry, I felt more comfortable, and he gave me all the information and advice I wanted without even thinking that I am going to give him business or not. Finally, I went with them, and they made the entire process so smooth and easy for me. john was keeping us updated with each step he was doing. I would recommend these guys for any patent or trademark related service.
I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.
