The innovation patent application process
The simplest route to a granted Australian patent is to file an application for an innovation patent. Innovation patents are typically granted within a few weeks of filing. So, within a few weeks of filing you can legitimately mark and market your products as patented. This can be great for marketing purposes.
We can prepare the application for you. To get started we’ll need a description of your invention, although it’s not necessary to have a prototype. The wording of the patent application is critical. We train for years to learn how to word an effective patent application.
A granted innovation patent cannot be enforced until it has passed the additional (and usually optional) step of examination and been ‘certified’. Indeed it is an offence to threaten to enforce an uncertified innovation patent. After certification, it may be possible to enforce the patent in relation to infringement occurring prior to examination.
The innovation patent system is being phased out as of 25 August 2021. To use the innovation patent system, an innovation patent application, an Australian standard patent application and/or an international patent application must be filed by then.