Patent Registration Process in Australia: Quick Guide

Applying for a patent is typically the first step to protect your intellectual property (IP). The patent registration process in Australia can be lengthy and costly, especially if there are disputes or you fail to follow the appropriate steps. 

However once successful, a patent grant in Australia protects your invention for 20 years (25 years for pharmaceutical patents).

What Can You Patent?

You can apply for a patent for a device, material, or process. In addition, the entity must be new and valuable. In other words, it must be inventive (never been done before) and useable by industries or consumers to qualify for a patent. 

You cannot apply for a patent for artistic creations, mathematical models, or thought processes.

Standard vs Provisional Patent Application

There are two types of patent applications in Australia: provisional and standard. 

To receive the patent for your invention, you must apply with a standard application. On the other hand, a provisional application starts the registration process, but it does not offer any protections and must be converted into a standard application within 12 months of applying to receive the patent. 

The benefit of using a provisional patent application is that it gives you the priority date while you research and deliberate whether you want to pursue the standard application. Should another party apply for a standard patent application for the same invention after you’ve already filed a provisional patent application, your filing date will hold precedence, protecting your IP.

Things to Ensure Before Applying for a Patent

Before you apply for a patent for your invention, you must do some due diligence. This includes the following:

  • Determine whether your invention can be patented (i.e. meets the criteria for a patent).
  • Ensure that the invention is not public knowledge (if it’s already published, you must file a patent application within 12 months of it going public).
  • Consider whether to apply for a provisional application (if you’re unsure about it being original or it needs further improvement).
  • Estimate and arrange the cost for filing the patent (including any fees for an attorney to handle the process for you).
  • Search for existing patents to ensure a patent doesn’t already exist for your invention or something similar to it (patent database in Australia and/or other countries).

Standard Patent Application Process in Australia

  1. Application

The first step is to complete the online application at the IP Australia website. To complete the application, you’ll need the details of the patent owners, i.e. the inventor(s). You’ll also need to prepare the specifications for the invention based on the guidelines provided by the government agency for IP protection. 

After you’ve applied, it’s published in the Australian patent database, with the publication date recorded. 

  1. Examination

When the online application is filed, or later, you or another person can request for application examination. This begins the next registration step as the concerned department ensures the invention meets the criteria and isn’t violating an existing patent. 

You have up to five years from the application date to request an examination. 

The examination process can take up to 12 months. 

  1. Acceptance/Opposition 

The patent agency may raise issues with the patent application. You have 12 months to resolve any problems. 

If there are no issues, your application is accepted. The patent is published in the Australian Official Journal of Patents and Australian Patent Search for three months. 

During this time, anyone can oppose the patent. If there’s opposition, you’ll need to create a defending case and present it at the hearing headed by a delegate of the Commissioner of Patents. 

  1. Patent Grant

If there’s no opposition within three months of publication of your patent, or if you’ve managed to defend the opposition, the patent is granted. 

Its status will be updated to reflect the grant on the official database and search registry. 

With the patent granted, your invention or IP has patent protection for 20 years. You’ll now have exclusive rights to your invention and can license third parties to produce it. More importantly, you can sue anyone for copyright infringement if they copy your invention.

Patent Renewal

You’ll need to keep renewing the patent to maintain the protections. The first renewal is due four years after the application filing date. After that, you must renew it each year until the patent expiry.

Do You Need an International Patent?

Remember that a patent granted by Australian authorities only protects your IP in Australia. To protect IP in other countries, you must apply for a patent in each country.

Protect Your IP

Australia patent application process can be very confusing and without the help of an experienced attorney, you risk jeopardising your patent application. To safeguard your novice invention, you should consider filing for a patent (or at least a provisional patent) at the earliest but not without due diligence.

Unfortunately, any mistake or misstep can result in delays or the application not getting accepted. And with something as vital as patenting IP, the time is of the essence.

If you need help with filing your patent application in Australia and/or internationally, look no further, we will be happy to look after you at BOOKMARK IP! You focus on your inventions, and we’ll concentrate on safeguarding your work!