Innovation Patent one step closer to the guillotine

Further to our blog post in September on the future of the innovation patent, the Intellectual Property Laws Amendment Bill (Productivity Commission Response Part 2 and Other Measures) (“Part 2 Bill”) passed the Australian Federal Senate on 16 October 2019. 

The Australian patent system provides for the filing of “standard” and “innovation” patent applications.  Innovation patents are a second tier patent filing which has a lower innovative step threshold in place of inventive step applied to standard patents. The Part 2 Bill phases out of the innovation patent system.

The Part 2 Bill will now need to pass the House of Representatives to be enacted, and commence the process to remove this useful form of patent filing from Australia patent practice.  Once enacted, the provisions will prevent the filing of new innovation applications 18 months (increased from 12 months in the third reading of the Bill) after the Bill receiving royal assent.  However, 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 in which this form of patent protection can still be filed.  POF is happy to assist in advising and filing innovation patent applications whilst this right is still available.

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 PattersonAlyssa Telfer or Ray Evans to discuss your options.


Edwin is a chemical and materials engineer with a PhD in the aluminium production field. Edwin’s broad experience and expertise enables him to assist clients in a range of technologies from simple mechanical devices through to complex mining, metallurgical and chemical processes.