Court sets innovation patent threshold
25 August 2008
Peter Ollier, Hong Kong
The Australian Federal Court has handed down the first decision clarifying the level of inventiveness needed for an innovation patent. The case is expected to provide a boost to small businesses in the country
The August 13 decision in which the validity of three innovation patents was upheld “will open up patents to a lot of people,” according to Justin Blows, an associate for Griffith Hack in Sydney.
The Australian government introduced innovation patents in 2001 to encourage small and medium-sized businesses to protect their innovations. Innovation patents provide the same level of protection as standard patents but have a lower level of inventiveness. They last for up to eight years and allow a maximum...
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