Innovation patent application process


An innovation patent provides fast protection and is suitable for a device, substance, method or process that doesn't have the inventive step needed to obtain a standard patent.

The owner of any new and useful invention that involves an innovative step can file an innovation patent application. The process to get a granted innovation patent is not as stringent a process as for a standard patent.

To be eligible for patent protection your invention must:

  • be new ('novel') which means that the invention has not been publicly disclosed in any form, anywhere in the world
  • for an innovation patent your invention must involve an innovative step. This means your invention is different from what is known before and the difference makes a substantial contribution to the working of the invention

We conduct a simple formalities check to ensure your application is in order. Generally, within one month you'll receive notification formally granting you an innovation patent (provided you have paid the filing fee).

Please note that the innovation patent is granted without substantive examination. We do not assess whether the patent is valid, which may make it more difficult to sell or licence.

Publication of details

We publish details of your unexamined innovation patent (level AU-A) in the Australian Official Journal of Patents at grant, which generally occurs shortly after filing.

Published patent specifications are made available to the public through our website and are sent to certain libraries and overseas patent offices.

Publication is an important step for two reasons:

  • The contents of your innovation patent are no longer confidential. Your invention becomes part of the public knowledge and may therefore subsequently assist in advancing industry and technology. For example, your invention may inspire others or be used to help solve other problems.
  • It sets the date after which someone using your invention without permission is unlawfully infringing your patent. That is, once you have a certified innovation patent, you can take legal action for any infringements that occurred on and after the date we published your application.

Please note: Publication of a patent does not guarantee that the patent is valid.

Examination and certification of innovation patents

Examination and certification of patents is undertaken by us to ensure your patent meets the requirements of the Patents Act 1990.

To have legally enforceable patent rights, you must request that your innovation patent be examined, and pay the required fee. Alternatively, your competitors can also request examination of your innovation patent (e.g. if they own a patent that might be infringed by your invention). If this is the case, they pay half of the examination fee and you pay the remainder. In either case, if you don't pay your part of the examination fee, your innovation patent will cease.

During examination you will receive one of two possible replies:

  • a notice that your patent has been successfully certified
  • an adverse report explaining why your innovation patent does not meet the requirements of the Patents Act 1990.

Please note that, if the examination request has been made by a person other than the patentee, that person will receive a copy of each adverse report.

Once your innovation patent is examined and certified you can take legal action against an infringing party.

Responding to an adverse report on your innovation patent

Sometimes inventions are not properly described or are indistinguishable from existing technology.

You have six months from the date of the first adverse report to overcome any objections that have been raised as part of the examination process.

Often you can resolve these objections by changing your description or claims. This procedure may be repeated several times, but if all the problems that arise aren't resolved in the six-month time period, your innovation patent will cease.

Once your innovation patent is certified, your competitors may start opposition proceedings to show that your patent is invalid. If opposition proceedings are successful, your innovation patent may be revoked.

Last Updated: 29/9/2011