Intellectual property includes patents. A patent is a license or authorization issued by the nation’s government where the invention was made, allowing the creator the only right to economically exploit their creation for a set amount of time (20 years for a standard patent). The government expects you to reveal the innovation in a public document that contains the following information in return for the exclusive right:
- a detailed description of the invention;
- a means of reproducing the invention; and
- how the invention differs or is superior to similar inventions in the field.
The Patents Act 1990 (Cth) governs Australia’s patent system. Australia is a first-to-file jurisdiction, much like every other nation. This means that the inventor of an invention who files a patent application first receives precedence over the inventor who does not submit a patent application. The first individual or company to satisfy the exchange’s legal conditions will be given the exclusive right by the government.
Key Considerations
- An invention must have an innovative step, be a method of production, be original and practical, and not have been utilized covertly in the field of the patent before the patent application is filed for it to be patentable.
- Looking at all of the information that was made publicly accessible at the time of filing—which may include information made public by the inventor—is how the “novelty” criterion is determined.
- The “priority date” is the day your patent application is submitted. This is crucial because it establishes the date from which previous art will be disregarded when evaluating the uniqueness of your invention. This priority date serves as the foundation for many later deadline calculations, including the deadline for submitting your overseas patent applications.
- You need to pay annual fees to maintain your patent. Throughout your patent’s lifespan, these costs will rise.
Applying for Patents in Australia
Provisional Application
You must submit a patent application to be granted a patent. The phrase “patent pending” would be used during this procedure phase. The “Applicant” is the person who filed the patent application. After receiving a patent, the owner is referred to as the “Patentee.” The Applicant or Patentee may be an individual or a corporation.
Typically, a provisional application is submitted to start the usual application procedure.
- describes the nature of the invention, and
- establishes the priority date.
The priority date is not assured, though. Only if your provisional application has sufficient details to explain your invention adequately and show that it is more than simply a concept will you be able to claim the priority date. You will be given a patent application number when you submit your provisional application. Then you can assert “patent pending.”
Once filed to the Australian Patent Office, the provisional application is a stand-in for your priority date. The provisional application is not publicized and is only valid for a year. This time may be used to polish your technology and prepare your entire application. This also helps you to stagger costs.
Standard Patent Application
After the first year, if you decide to continue with your patent application, you will have one more chance to add more information, a more thorough description, and evidence to support your invention before the application is transformed into a regular patent application. The Australian Patent Office will publish this standard patent application eight months after your priority date.
A typical patent application is not automatically evaluated in Australia. Within five years of submitting the standard patent application, you must seek an examination of the application and pay the necessary expenses (or sooner if you are informed to request an examination). In the absence of such action, the application will expire. A Patent Examiner will study the patent application once the examination request is made and determine if your innovation and the actual patent application you have filed detailing the invention to fulfill the criteria to be a patentable invention. You have 12 months from the time your examination report is released to address all objections the Examiner may have made for the patent application to be approved and awarded. If the objections are not addressed within the severely enforced 12-month timeframe, the following will happen:
- the patent application lapsing; and
- loss of your rights.
We help you in registering a patent in Australia at low cost. We have patent attorney office in Brisbane, Sydney, Melbourne, Perth. File a patent application for design, innovation, an idea.
Contact us for IP Services in Australia and Trademark registration in Australia.