Following is a direct copy from IP Australia's information on an Innovation IP,
"An innovation patent allows you to gain protection for an invention which has a lower inventive threshold than required for a standard patent. However, if examined and certified, the innovation patent offers the same level of protection in preventing others from copying your invention as a standard patent".
Here is a copy of the Coldry Innovation IP application details which have been sealed,
Exam details
Prior art documents
Exam request filing date 2010-09-03 Request type Request Full Examination Exam request status EXAMINATION REQUESTED
First report date Examination section A5 MPEC
From IP Australia's website,
Certification is usually quicker to obtain than the longer process involved in obtaining the grant for a standard patent. So this strategy is suited to your needs where time is of the essence.
So it appears ESI are trying to obtain the same amount of protection as the standard patent, but are trying to get it quicker than waiting for their disputed standard IP to go through the courts. To me that suggests they are under the pump to get some serious protection before TINCOM or anyone else for that matter, commits any further.
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