Information for Associates - Innovation Patent Filing Requirements

Minimum Requirements

• A copy of a specification, claims and drawings (in English);
• Name and address of the applicant;
• Details of basic application if convention priority is claimed

Additional Requirements

• Entitlement of application to the invention;
• Certified copy of the basic application if requested;
• Certified English translation of basic application (if applicable and requested)

An innovation patent application can be filed on the day instructions are received providing the minimum requirements are supplied.

Subject Matter
An innovation patent may have up to five claims. The claims of an innovation patent may be for any one of a product, process or method in any field of endeavor. The only statutory exclusions are “human beings, plants and animals and biological processes for their generation, are not patentable inventions”. The claims must be in respect of subject matter which is novel and involves an innovative step.

Novelty
Not made known to the public in any publication through either use or documents, anywhere in the world. Not known or used in Australia before the earliest priority date.

Innovative Step
An invention is taken to involve an innovative step unless a person skilled in the relevant would consider, in light of common general knowledge, that the invention varies from the prior art in ways that make no substantial contribution to the working of the invention.

Examination
An innovation patent is granted without examination. The patent must be certified before an infringement action may be commenced. Certification may be requested at any time in the life of the patent.

Opposition
There is no pre-grant opposition procedure. Opposition can be commenced at any time after certification.

Renewal
Annual renewal fees are payable from the second anniversary of the filing date. The maximum term of an innovation patent is 8 years.

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