It’s almost time to say Goodbye and Good Riddance to the Innovation Patent…(Part 2)

<snoring sounds…>

“Wake up, sir!  Wake, up!”

<waking up sounds>

“What is it Dougal? And stop shaking me.”  (Dougal is my imaginary butler, paid for for by my imaginary monetised blog.  Well the blog’s not imaginary, the money is.)

“You fell asleep at your desk!  You asked me to wake you when the innovation patent is about to be abolished.  The time is almost here!”

“Great!  How long do we have!”

“Until 26 August 2021!”

“I see… August next year…can I go back to sleep now…”

Yes, gentle readers, a date has been set.  And in only 18 months, you will be unable to file an innovation patent.  Although, you actually will, because you can file a divisional from any application with a filing date that precedes 26 August 2021.  So, they’ll still be around until 26 August 2029.

Will this nightmare never end…

I was full of vim and vigour when I wrote my previous post on innovation patents, and I thought that the second part of this blog would continue with the reasons that innovation patents had become such an issue – their use to rort schemes in other countries where patent holders were paid a bounty for each overseas patent grant (practically automatic with an innovation patent); their incredibly low standard of patentability allowing extensions of exclusivity for products that would otherwise be off-patent; their use to obtain preliminary injunctions using a practically bullet-proof patent and the list goes on…

But do you know what?  Now they are almost gone I feel a little empty, a little weary, and a little sad.   I have lost another bete noire.  Like Sherlock losing Moriarty or vice versa.

Coming up next, is QIP turning a corner?  Wait and see.

Fetch my pipe, Dougal!



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