1	Innovation Patents The Australian experience
2	What are they? Introduced in 2001 Replaced old “petty patent” Fast & cheap to obtain – apply online! Lower standard of “innovative step” Granted on formalities check No pre-grant opposition Examination only on request
3	What are they for? Protection for “lower-level” inventions Not greatly different from existing technology – but having commercial value Typically suited to individuals or SMEs Short product cycle Works in tandem with standard patents
4	What are the limitations? Shorter protection period – 8 years No checks carried out before issue Maximum 5 claims Cannot be enforced until examined and certified
5	Did inventors take them up? Standard patent applications: in 2001 = 22742 in 2003 = 21623 Approx 88% companies, 12% individuals Innovation patents since 2001: 3228 (double petty patent rate) - BUT Only 374 certified (December 2003) Approx 31% companies, 69% individuals
6	Industries
7	Paths to investment Investment for R & D Equity partners Easier to test potential protection for the technology
8	Unintended consequences? Infringement pending standard patent - Wait until granted? - Warn infringer of application? (letter of demand) Innovation patent & certification - Grant within weeks - Structure claims to meet infringement
9	Paths to settlement Litigation on innovation patent Basis for interlocutory relief Validity issues raised in Court can be addressed in standard application (modified claims)
10	Could it work here? Two-tier system put forward as opposition amendment to Patents Bill Preliminary search before grant PO to issue “preliminary patent” with option of “substantive examination” within 3 years Defeated in committee