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Innovation patents are a new type of patent available
only in Australia. Innovation patent applications typically cost about the same as a
standard complete patent applications, but they have the following important differences:
Innovation patents last for a maximum of 8 years,
whereas standard patents last for maximum of 20 years.
Innovation patents are granted without examination,
usually within 1 to 3 months, whereas standard patents are examined only after paying the
examination fee, and usually take 2 to 4 years.
After an innovation patent has been granted, the
owner or any person may request examination, and such examination must occur before the
owner can commerce or threaten to commence infringement proceedings.
The overall cost of an innovation patent is usually
much less than that of a standard patent when the annual renewal fees (paid for 20 years)
of a standard patent are taken into account.
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If you have any suggestions, comments or questions
please do not
hesitate to contact Rodney Cruise at Phillips Ormonde & Fitzpatrick / IP MENU. |
