File patent applications with IP Australia
Patents protect inventions for up to 20 years (standard) or 8 years (innovation patents — being phased out).
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
Related
- CWLTHPatents Act 1990 — standard + innovation patentsIP Australia administers standard + innovation patents (innovation patent system closing).
- CWLTHRegister trademarks with IP AustraliaWithout registration, brand protection relies on common-law passing-off — costly to enforce.
- CWLTHRegister designs with IP AustraliaRegistered designs protect product visual appearance for up to 10 years.
- CWLTHTrade Marks Act 1995 — registration + renewalIP Australia administers trade mark registration; 10-year terms + renewals + use requirements.
- CWLTHCopyright Act 1968 — record-keeping for orphan worksFrom January 2023 — diligent search + record-keeping needed for orphan works defence.
- CWLTHDesigns Act 2003 — design registrationIP Australia administers registered designs — visual appearance of products.
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.