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Our team at Brealant manages your Australian patent application end-to-end — from initial search and drafting through to filing and examination — combining attorney expertise with advanced technology so your invention gets the protection it deserves.
Legal Definition of a Patent in Australia
A patent application under the Patents Act 1990 is a request for exclusive rights to a new invention, examined by IP Australia before grant.
Methods of Medical Treatment
Methods of medically treating human beings are generally excluded, though related devices and pharmaceuticals may be patentable.
Mere Business Methods
Purely abstract business methods or schemes without a technical contribution.
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Contact
Discuss your invention and filing strategy with a Brealant patent attorney.
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Search
We conduct a prior art search to assess patentability.
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Quote
Receive a service quote tailored to your filing requirements.
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Pay
Proceed with secure payment for the selected services.
File
We prepare the specification and lodge your provisional and/or complete application with IP Australia.
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Wait
Request examination and await IP Australia's response; timing varies by case.
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Response
Once accepted and any opposition period passes, IP Australia grants the patent.
To be patentable in Australia, an invention must be novel (not previously disclosed anywhere), involve an inventive step (not obvious over existing technology), and be a 'manner of manufacture' — generally excluding pure discoveries, scientific theories, and methods of medical treatment of humans.
A granted Australian patent gives you the exclusive right to make, use, and sell your invention nationally for up to 20 years, letting you commercialise, license, or enforce against competitors who copy the technology.
Certain subject matter cannot be patented under Australian law, including
Discoveries & Scientific Theories
Pure discoveries and abstract scientific or mathematical theories.
Methods of Medical Treatment
Methods of medically treating human beings are generally excluded, though related devices and pharmaceuticals may be patentable.
Mere Business Methods
Purely abstract business methods or schemes without a technical contribution.
Non-Novel Inventions
Anything already publicly disclosed anywhere in the world before the filing date.
Obvious Variations
Inventions that don't involve an inventive step over existing technology.
IP Australia examines every application to ensure it meets these patentability requirements before grant.
A granted Australian patent protects
The Invention Itself
The specific product, process, or method described and claimed in the specification.
Exclusive Commercial Rights
Your exclusive right to make, use, sell, or import the invention in Australia.
Licensing Opportunities
The ability to license the invention to others for royalties or other commercial terms.
Enforcement Standing
Your standing to take infringement action against unauthorised use of the invention.
By partnering with patent experts in Australia, you can ensure your innovation is properly protected from filing through to grant.
The application process typically involves
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Filing
A provisional or complete application is lodged with IP Australia.
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Complete Application
If starting with a provisional, a complete application must follow within 12 months to claim that priority date.
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Examination
Requested examination leads to a first report, typically raising or resolving objections.
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Acceptance & Grant
Once accepted and any opposition period passes, IP Australia grants the patent.
Timelines vary with the technology and number of objections, but many applications proceed from filing to grant over roughly 12 to 18 months or longer.
The cost of a patent application depends on the complexity of the invention
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IP Australia charges official fees at filing, on requesting examination, and, once granted, for annual renewals.
IP Australia charges official fees at filing, on requesting examination, and, once granted, for annual renewals.
These costs represent a valuable investment in securing exclusive rights to your invention.
Once granted, a patent requires ongoing renewal fees and can be actively monitored for infringement. Brealant supports clients through renewal tracking, licensing, and enforcement, so the value of the granted patent is protected over its full term.
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A provisional application secures a priority date without full examination; a complete (standard) application must be filed within 12 months and proceeds to examination and potential grant.
Up to 20 years from the filing date, subject to paying annual renewal fees.
Timelines vary with the technology and number of objections, but many applications proceed from filing to grant over roughly 12 to 18 months or longer.
Yes, IP Australia offers expedited examination in certain circumstances — Brealant can advise if your invention qualifies.
A technical description of the invention, any drawings or diagrams, details of the inventors and applicant entity, and details of any earlier provisional or foreign filing, if claiming priority.
The application can be filed by the inventor, their employer if the invention was made in the course of employment, or anyone who has acquired rights from the inventor, such as through assignment.
No, Australia phased out the innovation patent system, and new innovation patent applications can no longer be filed since August 2021 — a standard patent is now the only option for new filings.
The patent is entered on the register, annual renewal fees become payable from the 4th anniversary of filing, and you gain the exclusive right to exploit the invention for up to 20 years.
Yes, self-filing is possible, but the technical drafting and prosecution requirements make professional representation strongly advisable, especially for complex inventions.
Costs vary with complexity and the number of examination reports required — Brealant provides a fixed quote for drafting and filing, with prosecution costs discussed as they arise.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business.
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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Get expert guidance on your trademark, patent, copyright or design filing. Book a free 15-minute call with an IP specialist — no obligation.
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