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File patent applications with IP Australia

Patents protect inventions for up to 20 years (standard) or 8 years (innovation patents — being phased out).

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Who must comply

Inventors, employers and assignees entitled to an invention who want exclusive rights in Australia, and any business that marks products or advertises them as patented or patent pending.

What triggers it

Developing a new and inventive product or process worth protecting, a planned public disclosure or product launch, or marking goods as patented or the subject of a patent application.

When due

File before public disclosure where possible, and in any case within the 12-month grace period after disclosure; standard application within 12 months of a provisional application; examination requested within 5 years of filing (2 months after IP Australia's reminder); renewal fees paid to keep the patent in force up to its 20-year (or 25-year pharmaceutical) term.

Evidence required

Invention records and dated disclosures; non-disclosure agreements with anyone involved before filing; prior-art search results; provisional and standard specifications and filing receipts; examination request and responses to examination reports; renewal fee payment records; assignment or employment terms showing entitlement.

Max penalty

Falsely representing that a person is the patentee of an invention, or that an article sold is patented in Australia or the subject of a patent application, is an offence carrying 60 penalty units, $21,840 (Patents Act 1990 s 178). Patent rights lapse if examination is not requested in time or renewal fees are not paid

Who must comply with this? The applicability test by industry, business structure and size.

Summary

A standard patent under the Patents Act 1990, granted by IP Australia, protects a device, substance, method or process that is new, inventive and useful and is suitable subject matter. It lasts up to 20 years (25 years for pharmaceutical substances) provided renewal fees are paid. A business can first file a provisional application, which gives no rights but fixes a filing date and allows 12 months to file the standard application; features not disclosed in the provisional get a later priority date. Examination must be requested within 5 years of filing, or the application lapses. Publicly disclosing an invention starts a 12-month grace period for filing, so confidentiality and non-disclosure agreements matter before filing. Innovation patents were phased out: the last filing day was 25 August 2021, and existing ones run until expiry. Falsely claiming patent rights is an offence.

Enforced by

Source legislation

Topics

ippatents

Related

Frequently asked questions

Who must comply with patent applications with IP Australia?
Inventors, employers and assignees entitled to an invention who want exclusive rights in Australia, and any business that marks products or advertises them as patented or patent pending.
What triggers patent applications with IP Australia?
Developing a new and inventive product or process worth protecting, a planned public disclosure or product launch, or marking goods as patented or the subject of a patent application.
When is patent applications with IP Australia due?
File before public disclosure where possible, and in any case within the 12-month grace period after disclosure; standard application within 12 months of a provisional application; examination requested within 5 years of filing (2 months after IP Australia's reminder); renewal fees paid to keep the patent in force up to its 20-year (or 25-year pharmaceutical) term.
What is the maximum penalty for patent applications with IP Australia?
Falsely representing that a person is the patentee of an invention, or that an article sold is patented in Australia or the subject of a patent application, is an offence carrying 60 penalty units, $21,840 (Patents Act 1990 s 178). Patent rights lapse if examination is not requested in time or renewal fees are not paid
What evidence is required for patent applications with IP Australia?
Invention records and dated disclosures; non-disclosure agreements with anyone involved before filing; prior-art search results; provisional and standard specifications and filing receipts; examination request and responses to examination reports; renewal fee payment records; assignment or employment terms showing entitlement.

Source: https://www.ipaustralia.gov.au/patents/what-are-patents. Rules Mate is not a law firm. Always verify against the live regulator source before acting.