Please be informed that the Australian Innovation Patents (Utility Innovations) are being phased out. All current Innovation Patents and applications will continue to be in force until their expiry date, provided that the annual fees are paid.
The final date to file an innovation patent application directly is by the 25th of August 2021.
However, there are two circumstances where an innovation patent can still be filed after that date:
- A divisional application may be filed for an innovation patent provided that the parent application was filed on or before the 25th of August 2021. The parent application may be a PCT application, a standard application or an earlier filed innovation patent undergoing substantive examination.
- A standard patent application may be converted to an innovation patent application provided that the standard application was filed on or before the 25th of August 2021.
The maximum term in both of these instances will be 8 years from the patent filing date.
More information regarding the phasing out of Innovation Patents are available on the Australian Government Patent Information Page.