The innovation patent system became part of the Australian patent framework in 2001 and was aimed at stimulating small and medium business innovation by providing a quick, efficient and cost effective means of obtaining protection for new or improved products, methods or processes. This legal update examines the Dura-Post Pty Ltd v Delnorth Pty Ltd  FCAFC 81 decision which defined the threshold test that must be established for a valid innovation patent and confirmed that the ‘innovation step’ requirement is a less onerous test than the requisite ‘inventive step’ for standard patents [read more].
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