Patents
A device, substance, method or process that you have invented.
Gives you the exclusive right to commercially exploit your invention.
Apply for a patent
Once you have chosen an appropriate patent, you must submit your application, and go through an examination process before your patent is enforceable. You can file your completed application with the correct fees in several ways.
Before you apply to patent your invention you will need to understand what's involved in the application process.
- Before you apply - before applying for a patent, you should make sure you meet the eligibility requirements.
- Provision application (what to include) - information about what to include as part of your provisional patent application.
- Standard and innovation applications (what to include) - information about what to include as part of your standard or innovation patent application.
- Search for a patent - search the patent database AusPat
- Request for examination - information about requesting for examination once you've applied for your patent.
Applying Online
The online application facility provides you with an easy-to-use and secure system for the electronic filing and management of a range of applications and documents relating to patents.
You can currently apply for the following patents online:
- Provisional Application for a Patent
- Standard Patent Application (this form cannot be used to enter the national phase)
- Innovation Patent Application
- International (PCT) Application (this form cannot be used to enter the national phase)
Tips for applying online
- If you are a new Online Services customer and wish to apply for a patent you will need to register. Once registered, each time you visit Online Services you can simply log in with your secure password and ID.
- If you apply online you can electronically attach files to your application. Due to international patent standards these files must be in a PDF, JPEG, TIFF or TXT format.
- We do not accept word processing documents in DOC or DOCX format.
- When setting up your secret questions use questions like your mother's maiden name or a pet name but do not use apostrophes
- When creating documents for your specification use only one-word names; for example, 'Description'. If you use more than one word you must either remove the spaces between the words or place an underscore (_) between the words.
Note: Users submitting patent applications online should ensure that they do not submit documents with Digital Rights Management (DRM) policies applied. This includes locking documents, encrypting documents or adding password protection to documents. Submitting documents with DRM policies applied will result in our processing staff being unable to open or read the documents. This may affect your IP rights.
Applying by Fax, Post or in Person
You can also submit your Patent Request Form and specification by:
- Fax to +61 2 6283 7999;
- Post to PO Box 200 WODEN ACT 2606 or;
- Lodging at an IP Lodgement Point.
How to file a specification
The Best Practice Guide for Filing a specification should be followed to ensure that your specification complies with the requirements of Schedule 3 of the Australian Patent Regulations, requirements under the Patent Cooperation Treaty (PCT) and recommendations provided by WIPO standard ST.22.
International patents online
Applying for an international patent online is also available. This facility allows customers to submit international patent applications under the Patent Cooperation Treaty (PCT) generated by the World Intellectual Property Organization's (WIPO) PCT-SAFE software package.
Before applying for a PCT online you should take time to understand the steps to applying for an international patent online.
Please note that in order to use the new PCT online service you will need to obtain the latest version of WIPO's PCT-SAFE software and a digital certificate, which are available free of charge from the WIPO website.
Last Updated: 10/12/2011
