Patents Act 1990 — standard + innovation patents
IP Australia administers standard + innovation patents (innovation patent system closing).
mediumcurrentone off
Who must comply
Patent applicants + holders.
What triggers it
Invention disclosure + patent application.
When due
Filing + examination + grant + renewal.
Evidence required
Patent specification + claims + maintenance fees.
Max penalty
—
Summary
Standard patents = 20-year term. Innovation patents — phase-out commenced 25 August 2021 (no new filings; existing run to expiry). Petty patent equivalent. Pharmaceutical patents may extend.
Enforced by
Source legislation
Topics
ippatents
Related obligations
- CWLTHFile patent applications with IP AustraliaPatents protect inventions for up to 20 years (standard) or 8 years (innovation patents — being phased out).
- 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 Patents Act 1990 — standard + innovation patents?
- Patent applicants + holders.
- What triggers Patents Act 1990 — standard + innovation patents?
- Invention disclosure + patent application.
- When is Patents Act 1990 — standard + innovation patents due?
- Filing + examination + grant + renewal.
- What evidence is required for Patents Act 1990 — standard + innovation patents?
- Patent specification + claims + maintenance fees.
Source: https://ipaustralia.gov.au/patents. Rules Mate is not a law firm. Always verify against the live regulator source before acting.