Welcome to the new version of the Patents Manual. Please note there are changes to the numbering and sequence of the chapters and pages in the manual. You are encouraged to take the time to explore and familiarise yourself with this new structure. Parallel Applications (Applications for both innovation and standard)

Date Published

Co-existing Innovation and Standard Patents    

​​​​​​​"Parallel applications" or "parallel protection" refers to the practice of having both a standard patent application and an innovation patent application in respect of the same subject matter proceeding at the same time. The two applications may be linked together utilising the provisions of s79B and s79C, or they may be quite independent applications. The rationale behind parallel protection is to take advantage of the shorter time taken to grant an innovation patent, as well as the longer term and the absence of a statutory limit on the number of claims applying to a standard patent.

Applications involving parallel protection are subject to the usual provisions of the Act. However, examiners should also be aware of:

  • 'whole of contents' considerations, if the respective priority dates are different; and
  • multiple applications (s64(2) Double patenting) considerations, if the respective priority dates are the same.

Office practice in relation to "parallel protection" applications is to treat each application on its own merits and in the usual manner. Thus, there is no need to delay examination of the innovation patent in anticipation of an examination request of the standard application. However, if an examination request has been filed such that processing of both applications can occur simultaneously, then it may be more efficient to examine both applications together.

A cross-reference should be placed on both case files as soon as the examiner is aware of the co-existence of the application for a standard patent and innovation patent.​​​​​​​

Amended Reasons

Amended Reason Date Amended

Published for testing

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