The innovation patent system of Australia will be phased out on Aug 25th, 2021, inventors will no longer be able to apply for innovation patents in Australia after this date. Compared to the standard patent system, the innovation patent system is an alternative patent system in Australia that does not need substantial examination and an 8-year lifespan. The innovation patent system is comparable to the “utility model” patents of Taiwan, China, and Germany. The innovation patent used to be an inexpensive solution for individual inventors or SMEs to obtain patent protection in Australia. However, because there is no substantial examination, the quality of the innovation patent is often doubtful.
WISPRO manager, Chester Su, suggests that when seeking patent protection internationally, inventors should have a general knowledge of different patents in various countries. Inventors should also carefully evaluate the pros and cons of different types of patents, and whether they are appropriate for the subject matter. Innovation patents or utility model patents may be inexpensive, but they are not examined; therefore, the patent quality may be questionable. Standard patents may be more expensive, but they would be examined by the patent office, thus potentially having better quality.