An innovation patent provides fast protection. It lasts for up to eight years from the filing date of your application.
An innovation patent may be suitable for an invention with a short market life that might be superseded by newer innovations.
It is suitable for a device, substance, method or process that does not have the inventive step requirement needed in a standard patent application.
To be eligible for an innovation patent your invention must:
- involve novelty (be new)
- the invention has not been publicly disclosed in any form, anywhere in the world before the earliest priority date (date at which the application is first filed).
- involve an innovative step
- the invention is different from what is known before and the difference makes a substantial contribution to the working of the invention. An innovative step is different to an inventive step (which is needed for a standard patent).
Provisional applications are inexpensive and give you the earliest possible priority date. A priority date establishes the fact that you are the first person to file a new invention with us. While a provisional application doesn’t provide you with the protection of a full patent, it does give you up to 12 months to consider your options before deciding to proceed with a patent application.
If you want long term protection for your invention, you may consider applying for a standard patent. The examination process is often longer, however protection lasts for up to 20 years.
If you are thinking about expanding your business overseas, you can consider a Patent Cooperation Treaty (PCT) application for your invention. A PCT application will give you a quick indication of whether your invention can be patented. It also allows you to decide which countries you would like to have protection in.