An innovation patent has a maximum term of 8 years and is limited to 5 claims, any number of which may be independent (see 2.31.4.4 Ground (1): Section 40).
An innovation patent application may be associated with a provisional application, may be a Convention application or may be a divisional application (see 2.31.2.1 Section 79B and 79C Divisional Applications, 2.31.2.2 Association with Provisional Applications and 2.31.2.4 Convention Applications).
An innovation patent application cannot be an additional application and cannot be filed via the PCT route. However, it is possible to convert a standard national phase application to an application for an innovation patent, provided this is done before acceptance (see 2.31.1.2 Filing, 2.31.2.3 Applications for Patents of Addition and 2.31.2.5 International (PCT) Applications).

Formalities Check

A formalities check must be undertaken for every innovation patent application. If the application passes the formalities check, the Commissioner must accept the application (see 2.31.3.1 Introduction).
In practice, most of the formalities checks will be performed by COG. The innovation patent application will then be referred to the appropriate examination section for indexing. During indexing, examiners must check that the complete specification does not contravene sec 18(2) or sec 18(3), i.e. it must not be in respect of humans, plants or animals, or biological processes for their generation (see 2.31.3.2 Formalities to be Checked and 2.31.4.6 Ground (3): Subsections 18(2) and (3)).
Acceptance will normally be carried out by COG. The only exception to this is where there are amendments to consider before acceptance, and these involve more than just substitution of sheets. In this case, the examiner who considers the amendments will have responsibility for accepting the application and must have acceptance delegation (see 2.31.3.2 Formalities to be Checked).

Examination

An innovation patent can only be examined once it has been granted (see 2.31.4.1 Introduction).
All examiners hold the delegation to examine an innovation patent, however acceptance delegation is required for certification.
The timeframe for issuing a report on an innovation patent is 8 weeks from the date of receiving the request for examination (in accordance with the Customer Service Charter Timeliness Guidelines). However if the examination fee is not paid at the time of making the request, the 8 week period commences upon payment of the fee.
The period within which examination must be carried out is usually 6 months from the date of issuing the first report (see 2.31.4.2 Period for Examination to be Carried Out).

Examiners should not object to the lack of a notice of entitlement, as this is not a ground of examination (see 2.31.4.3 Grounds of Examination).
The consideration of sec 40 issues is the same for innovation patents as it is for standard patent applications (see 2.31.4.4 Ground (1): Section 40).
The subject matter of an innovation patent must meet the requirements for a manner of manufacture (see 2.31.4.5.2 Manner of Manufacture).
In order for an innovation patent to be certified, the claimed invention must be novel and involve an innovative step (see 2.31.4.5.3 Novelty and 2.31.4.5.4 Innovative Step).
Further information on the grounds of revocation of an innovation patent is outlined in 2.31.4.3 Grounds of Examination.

Information on processing innovation patents in PAMS is provided in 5.11 Innovation Examination.
PERP codes that may be useful when preparing an innovation examination report are given in 6.8.6 Innovative Step.