The Australian Government has released draft legislation for public comment which includes measures to abolish Australia’s innovation patent system.

In August last year, the Government released a response to an inquiry conducted by its advisory body, the Productivity Commission, which proposed significant changes to Australian patent law. These changes included the phasing out of innovation patents.

Innovation patents have long been controversial in Australia. To obtain an innovation patent, an invention must be useful and new. However, unlike standard patents, the invention does not need to involve an inventive step. Instead, the differences between what has been created and what has been done before merely need to affect the way the invention works in a material way.

The draft legislation (which can be read here) includes transitional arrangements to maintain existing rights.