Introduction
Our Patents Act provides for an innovation patent. The innovation patent can provide protection as broad as a standard patent without the need for compliance with an inventive step requirement - see "Patents".
Thus, the innovation patent establishes a right that is at least as effective as that established by a standard patent, but which is significantly easier to obtain. This makes it particularly useful as an early enforcement tool and a backup for marginal standard patent applications.
Low Innovative Step Bar with Broad Scope
Compliance with an "innovative step" is required. The requirement is met if the novelty-conferring feature of the innovation makes a substantial contribution to the working of the invention. It is much easier to meet this requirement than it is to meet the inventive step requirement of a standard patent.
Concerned that your idea does not merit a patent? Enquire about an innovation patent
Reduced options for defending an infringement action
Usually a defence to an infringement action is a counterclaim for revocation of a patent on one or more grounds of invalidity. With standard patents, one of the grounds is almost always a lack of inventive step. Since the innovative step requirement is less onerous than the inventive step requirement, the chances of success in a revocation counterclaim could be significantly reduced when enforcing an innovation patent.
Certification required for enforceability
When an application for an innovation patent is filed, the innovation patent is granted without substantive examination. See the flowchart for more information in this regard. This can take as little as 2 weeks to a month. However, the innovation patent must be certified in order to be enforced. A Request for certification can be filed at any time during the life of the innovation patent.
The process of certification includes an examination of the innovation patent. If the examiner is satisfied that innovation complies with the requirements of novelty and innovative step, the examiner will issue a certificate of examination. Certification can take as little as 3 to 4 months and, if successful, the innovation patent will be certified and enforceable.
On the other hand, the innovation patent will be revoked if the certification process is unsuccessful.
Early enforcement of patent rights
It is possible to file a divisional application for an innovation patent from a standard patent application. This is useful if you wish to enforce patent rights before the standard patent is granted, due to the relatively quick grant and subsequent certification of an innovation patent.
A certified innovation patent can help to overcome the delay with enforcement of standard patents
Disadvantages of the system
An innovation patent has a life of 8 years from the date of filing the patent application. In the event that the application for the innovation patent is a divisional of a standard patent application, the date of filing would be the date of filing the standard application.
Only 5 claims are permitted for an innovation patent. However, these claims can be independent claims.