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. 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 until 25 August 2021 in which this form of patent protection can still be filed.