Another reason to file a patent application in Australia

Relevance?  Really?  It's a kangaroo drinking a beer.  

Australia has a second class of patents, in addition to utility patents:  the "innovation" patent.  According to this helpful post (hat tip: IP Watchdog), the innovation patent is examined quickly (six months), and has a shorter term than a utility patent (only eight years).  

Novelty is required, but not inventive step.  Instead, the inventor needs to show "innovative step."  The test for "innovative step" is generally agreed to be easier to meet, such that an innovation patent can be granted on claims that would be found obvious under the stricter utility standard.  Apparently, this is the three-part test for assessing innovative step:

1. compare the invention as claimed in each claim with the prior art base and determine the difference or differences;
2. look at those differences through the eyes of a person skilled in the relevant art in the light of common general knowledge as it existed in Australia before the priority date of the relevant claim; and
3. ask whether the invention as claimed only varies from the prior art in ways that make no substantial contribution to the working of the invention.