A patent is a right granted for a device, substance, method or process that you have invented that is new when compared with what is already known.
A patent is legally enforceable. It gives you the exclusive right to commercially exploit your invention for the life of the patent.
Before you apply, consider:
You have to apply for a patent and meet all legal requirements before it is granted.
Time limit for patents from the date of application
- An Australian standard patent lasts for up to 20 years.
- An innovation patent only lasts for up to 8 years.
- Pharmaceutical patents can last up to 25 years.
You will be required to pay annual maintenance fees on your patent/patent application.
Who administers patents?
Applications must be filed with IP Australia. We will assess whether your invention is new (novel) and if it meets the legislative requirements.
Don't go public too soon
If you demonstrate, sell or discuss your invention in public before you file, you may not get a patent.
If you want to discuss it with employees or business partners, have them sign a confidentiality agreement.
Last Updated: 11/12/2012