INNOVATION PATENT
In Australia, there existed the petty patent system which was adopted in the year 1979 to aid small businesses by providing protection that was inexpensive and easy to obtain. The Advisory Council on Industrial Property (hereinafter referred to a ACIP) identified a requirement to provide those with lower level inventions some kind of protecton. Therefore, the Australian government introduced changes in their Patent system to harmonize it with the requirements of the 21st century. One change was the introduction of the concept of “Innovation Patents”. The innovation patent requires that an innovative step rater than an inventive step is required. This innovation has to be new as well. The test for an innovative step is that the difference between the claimed invention and the prior art base must be a “substantial contribution” to the working of the claimed invention. LIMITATIONS The Innovative patent has only a life of 8 years compared to standard patent who are valid for 20 yrs. Furthermore the application process does not result in quick granting of patent rights.