Draft legislation is underway to commence the phasing out of the Australian innovation patent.

The draft legislation follows the government response in August to the recommendations of the Productivity Commission inquiry into Australia’s Intellectual Property Arrangements.

The draft legislation includes amendments to the Patents Act 1990 under which, from the date of commencement of the proposed amendments, it will not be possible to:

  • Validly obtain a granted innovation patent on an application having an effective filing date on or after that date.
  • Validly certify an innovation patent claim having a priority date on or after that date.

Existing rights will not be affected.

The draft legislation is under public consultation until 4th December 2017 with a commencement date expected shortly thereafter.

Applicants wishing to file an innovation patent are recommended to do so soon.