Phasing out of the innovation patent system

At a glance

Policy ID: 10

Status: Completed

Priority: High

Patents ACIP Productivity commission

Issue summary

The Productivity Commission in its 2016 report into Australia's IP arrangements, and the former Advisory Council on Intellectual Property in its 2015 review of the innovation patent system both recommended that the innovation patent be abolished. The government accepted this recommendation.


  • Legislative drafting 4 September 2017
  • Consultation 23 October 2017 to 4 December 2017
  • Policy development 5 December 2017
  • Consultation 28 Mar 2018
  • Department of Industry consultation 25 May 2018 to 3 August 2018
  • Consultation 23 July 2018 to 31 August 2018
  • Legislative drafting 1 September 2018
  • In Parliament 25 July 2019
  • Royal Assent 26 February 2020 
  • Completed 26 February 2020


This item is included in the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020 which received Royal Assent on 26 February 2020.

The process of phasing out of the innovation patent system will commence on 26 August 2021. Further commencement details are available on the Legislation page of IP Australia’s website.

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