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This video will give you a general overview of the innovation patent system. The rest of this module will go into further detail of each of the concepts covered in this short animation. Innovation patents are a second tier form of protection that is particularly suitable for simpler inventions or incremental advances in technology. It is probably easiest to begin with a comparison of an innovation patent and a standard patent. There are many differences between innovation and standard patents. So lets begin by having a look at some of these differences For simplicity we will just look at 5 of these differences The first major difference is in the term or length of protection available. The innovation patent will give an applicant 8 years of protection of their invention whilst the standard patent provides an applicant with a 20 year term. The second major difference is in the threshold requirements for patentability. For an innovation patent the invention will need to meet section 40 requirements, involve a manner of manufacture, be novel and have an innovative step. In comparison, for a standard patent the invention will need to meet most of the same requirements except that it will need to involve an inventive step. We will go into more detail about what an innovative step involves further in this module. The 3rd difference is that innovation patents are limited to 5 claims, any number of which may be independent. In comparison a standard application can have any number of claims. The 4th difference is that for an innovation patent, examination is optional. In a standard patent process, examination is compulsory. You will soon see that the application and examination process between an innovation and a standard patent is quite different. An innovation patent once filed undergoes a formalities check and once these formalities are met the application goes directly to grant. Examination can then be requested for an innovation patent to be undertaken. This is known as certification and is required to make an Innovation patent enforceable. This process is quite different to a standard patent which once filed undergoes examination, and is granted once it meets all the legislative requirements. As you can see the meaning of the word grant between an innovation patent and a standard patent is quite different. A granted innovation patent is not enforceable while a granted standard patent is enforceable. Only a certified innovation patent is enforceable Finally the last major difference is the examination period available. For an innovation patent this is 6 months from the date when the first examination report is issued whilst for a standard patent there is 12 months from the date when the first examination report is issued. Well that’s just a brief overview of the innovation and standard patents process. The rest of this module will cover each of the concepts of innovation patents in much more detail.

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Duration: 3 minutes and 44 seconds
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Language: English
License: Dotsub - Standard License
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Views: 11
Posted by: cparam on Jun 14, 2015

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