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DECEMBER 2004 / JANUARY 2005

Making the most of innovation patents

In 2001 Australia replaced the petty patent system with a new innovation patent right. Three years on, Wayne McMaster reveals the unexpected advantages the patent offers to potential litigants

Wayne McMaster

In May 2001, Australia amended its patent legislation to remove its petty patent system and substitute a new right called the innovation patent. This system has given some unforeseen latitude for refining litigation and commercial strategies in Australia. IP Australia, the country's intellectual property office, has given the following reasons for the introduction of the innovation patent:



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