Further to our blog post in October 2019 on the future of the innovation patent, the Intellectual Property Laws Amendment Bill (Productivity Commission Response Part 2 and Other Measures) (“Part 2 Bill”) received royal assent on 26 February 2020 passing the bill into Australian law.
The provisions of this new act will prevent new innovation applications being registered with a filing date from 26 August 2021. It will still be possible to file and register divisional innovation patent applications after that date that have a complete filing date prior to 26 August 2021. Furthermore, rights from existing innovation patent filings will be maintained until their natural expiry date ensuring that existing rights-holders are not disadvantaged.
Whilst the sun is setting on innovation patents, there is still a window until 25 August 2021 in which this form of patent protection can still be filed.
POF is happy to assist in advising and filing innovation patent applications to protect your IP while this right is still available. Please contact Edwin Patterson, Alyssa Telfer or Ray Evans to discuss your options.