The innovation patent is being phased out but will be around for another 8 years.
https://www.ipaustralia.gov.au/patents/applying-patent/innovation-patent-application-process/phase-out-innovation-patent
The innovation patent is being phased out in Australia on 25 August 2021. This means inventors and patent applicants will no longer be able to file new innovation patent applications for their inventions unless these have an effective filing date on or before 25 August 2021.
However, any standard patent or Patent Cooperation Treaty (PCT) Patent that has a filing date on or before 25 August 2021 could still file a valid innovation patent application. This is done either by converting their standard patent application to an innovation patent while it is still pending or filing a divisional innovation patent application that claims priority from the pending standard patent application.
PCT patent applicants would need to enter the national phase in Australia first which will provide them with a standard patent application. This can then be converted to an innovation patent or allow a valid divisional patent application to be filed.
This means that the innovation patent system will still be around until at least 25 August 2029, although as detailed above if you don't already have a valid application filed you will not be able to take advantage of it.
Any existing innovation patents will still be in force until their expiry meaning no existing applicant loses any patent rights.
Certification of innovation patents can still take place at any time after the grant of the innovation patent which is a distinct advantage of the innovation patent. This can reduce costs and complexity and delay any patent prosecution until this is actually needed by the patentee.
If you would to discuss whether innovation or other patent is suitable for you, please contact the team at IP Guardian Patent and Trade Mark Attorneys.
Barry Meskin
Registered Patent and Trade Mark Attorney with significant experience obtaining all forms of registered intellectual property. I hold a Bachelor of Science in Engineering, a Masters of Business Administration and a Masters of Intellectual Property. I’m passionate about showing my clients how they can protect their brands through trademark registrations.
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.
