Filing simultaneous standard and innovation patent applications
Simultaneous standard and innovation patent applications may be filed.
Only one of the applications may in force, however, if the standard patent application and the innovation patent application are for the same invention, as governed by section 64 (2) of The Patent Act (1990).
The applications may be generally considered to be for the same invention if the claims have identical scope. Consequently, if the scope is not identical, simultaneous innovation and standard patents may be granted.
Innovation patents generally grant more quickly than standard patents. Innovation patents are desirable to have because they are generally easier to enforce. Standard patents, however, have a term of 20 years instead of the 8 years for an innovation patent. Consequently, one strategy is to have an innovation patent protect the invention in the near future, and then surrender the innovation patent when the standard patent is accepted.