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The end is nigh for Australian innovation patents

Further to previous posts, time has now been called on the Australian innovation patent system. On 26 February 2020, the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020 came into force. The Act phases out, and eventually abolishes, innovation patents.

Deadline to act

  1. The final deadline for filing new innovation patent applications is 25 August 2021

  2. An innovation patent application can be filed after the deadline if it is a divisional of a parent application filed on or before the deadline

  3. A standard patent application can be converted into an innovation patent application after the deadline if the standard application was filed on or before the deadline

The final expiry date of all innovation patents is 25 August 2029.