Patents Act 1990 — standard + innovation patents
IP Australia administers standard + innovation patents (innovation patent system closing).
Who must comply
Inventors, employers and other owners seeking exclusive rights to an invention in Australia, and patent holders maintaining granted patents. Businesses launching products should also search existing patents to avoid infringing them.
What triggers it
Developing a new invention you intend to commercialise (ideally filing before any public disclosure), receiving an examination reminder, or approaching a renewal date on a granted patent.
When due
Request examination within 5 years of the filing date (IP Australia sends a reminder near the deadline, after which there are 2 months to act). Examination usually takes around 12 months from request, or about 8 weeks if expedited. Oppositions may be filed within 3 months of the acceptance notice. Renewal fees fall due throughout the patent term.
Evidence required
Provisional and complete specifications with claims; examination request and responses to examination reports; acceptance notice; grant certificate; renewal fee receipts; prior-art search results; invention disclosure records establishing ownership and dates.
Max penalty
There is no fine for not patenting, but rights are lost if deadlines are missed: an application lapses if examination is not requested and paid for within the 5-year period (or 2 months after the reminder), and a granted patent ceases if renewal fees are not paid. IP Australia charges fees at filing, examination request and acceptance, with per-claim fees above 20 claims for examinations requested from 1 October 2024.
Summary
The Patents Act 1990 governs how an invention becomes an enforceable Australian patent through IP Australia. A provisional application secures the earliest priority date; a complete application for a standard patent starts the formal process, which runs through examination, acceptance (advertised in the Australian Official Journal of Patents, with a 3-month opposition window) and grant, taking at least 6 months and sometimes several years. Examination must be requested within 5 years of filing or the application lapses, and rights cannot be enforced until the application has been examined. A granted standard patent lasts 20 years from filing, or 25 years for pharmaceutical patents, provided renewal fees are paid. The innovation patent has been phased out: the last filing day was 25 August 2021, though existing innovation patents continue until expiry.
Enforced by
Source legislation
Topics
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Reading
Frequently asked questions
- Who must comply with Patents Act 1990 — standard + innovation patents?
- Inventors, employers and other owners seeking exclusive rights to an invention in Australia, and patent holders maintaining granted patents. Businesses launching products should also search existing patents to avoid infringing them.
- What triggers Patents Act 1990 — standard + innovation patents?
- Developing a new invention you intend to commercialise (ideally filing before any public disclosure), receiving an examination reminder, or approaching a renewal date on a granted patent.
- When is Patents Act 1990 — standard + innovation patents due?
- Request examination within 5 years of the filing date (IP Australia sends a reminder near the deadline, after which there are 2 months to act). Examination usually takes around 12 months from request, or about 8 weeks if expedited. Oppositions may be filed within 3 months of the acceptance notice. Renewal fees fall due throughout the patent term.
- What is the maximum penalty for Patents Act 1990 — standard + innovation patents?
- There is no fine for not patenting, but rights are lost if deadlines are missed: an application lapses if examination is not requested and paid for within the 5-year period (or 2 months after the reminder), and a granted patent ceases if renewal fees are not paid. IP Australia charges fees at filing, examination request and acceptance, with per-claim fees above 20 claims for examinations requested from 1 October 2024.
- What evidence is required for Patents Act 1990 — standard + innovation patents?
- Provisional and complete specifications with claims; examination request and responses to examination reports; acceptance notice; grant certificate; renewal fee receipts; prior-art search results; invention disclosure records establishing ownership and dates.
Source: https://www.ipaustralia.gov.au/patents/timeframes-and-fees. Rules Mate is not a law firm. Always verify against the live regulator source before acting.