From a business perspective, applying for patents in Australia is very suitable for start-ups, small and medium-sized companies, technology parties trying to enter the international market, and applicants who want to build intellectual property assets but want to control costs. Although Australia is a medium-sized market, its patent system is recognized globally (EPC, PCT, WTO TRIPS member), and its patent rights are widely accepted by multinational companies, venture capital, and technology transfer parties. Australia has great advantages in medical devices, biotechnology (especially Sydney and Melbourne), clean energy, agricultural technology, industrial design and mechanical systems, as well as digital platforms and software tools. Many universities, colleges and incubators also require patent application records before entering the next round of project evaluation. This market recognition of "patents as assets" has a positive incentive effect on business negotiations.
What is a patent in Australia?
- A patent is a registered form of intellectual property that protects any device, substance, method or process in Australia. An applicant must submit a patent application and the patent will be granted after a substantive examination. To be granted, the invention must be new, i.e. novel and different from the prior art; inventive, i.e. substantially different from the prior art; useful, manufacturable or usable in industry, and of appropriate subject matter, i.e. a "manufacturable manner".
The duration of protection for invention patents in Australia
- The maximum term of protection for a standard patent is 20 years, and for pharmaceuticals it is 25 years, provided that annual fees are paid continuously. The first renewal is due 4 years after the filing date.
What rights can the applicant enjoy after the invention patent is authorized?
- Exclusive commercial rights to an invention, i.e. a monopoly position in the market.
- The right to authorise others to make the invention under agreed terms, preventing them from stealing your idea. The right to take action in Australia against the unauthorised manufacture, use or sale of your invention.
What can be granted as an invention patent in Australia?
- Patents protect the way an invention works and cover many types of technological innovations, including: medical technology, pharmaceuticals, biotechnology, organic chemistry, civil engineering, household appliances, mechanical devices, etc.
The following content is not licensed in Australia
- Human beings and their reproductive processes, artistic creations, mathematical models, plans, schemes, or other purely mental processes
Issues to consider before filing an invention patent application
- Make sure a patent is the right form of protection: if the invention has already been applied for by someone else or the technical solution has been public for more than 12 months, it will not be protected.
- If it is not appropriate to apply for an invention patent, alternatives include: keeping it confidential as a trade secret, protecting it through a confidentiality agreement
- Public use and abandonment of patents: others can use it freely, but no one can apply for a patent anymore
Confidentiality is of vital importance before applying for an invention patent
- Sign a confidentiality agreement with the personnel involved
- Not for public display, sale or discussion
- Not displayed on social media or the internet
- Discuss only the problem, not the solution
What should I do if the invention patent has been made public?
- You can apply for a patent within 12 months after the publication, enjoying the "novelty grace period". If you exceed the deadline, you will lose the right to apply.
Make sure the invention has not been applied for by anyone else
- Please use a database search first to make sure that the invention is indeed "new" and has not been applied for by anyone else.
 | Get exact prices For the country / regionE-mail: mail@yezhimaip.com |
