Patent Overview - Innovation
Patents overview
What is a search?
Before applying for an Innovation Patent, you should conduct a search to see if there is anything similar in the market place which may affect the likelihood of your patent being certified.
Your invention must be kept secret until you have applied for patent protection. You can still talk to your employees, business partners or advisers about your invention, but make it clear that the information is to be kept confidential.
Searches can be conducted using on-line databases for patents or by an IP Professional.
How much does it cost?
$0 - search conducted by yourself
$? - search conducted by an IP Professional
How long does it take?
There is no set time for the search to be conducted
What's involved in applying for an innovation patent?
You can complete either an online or paper application form. An innovation patent should not relate to plants, animals, biological processes for their generation, or humans. If claiming priority from an earlier application (e.g. provisional application), your application must be lodged within 12 months of the earlier application's filing date.
Your application will be processed by IP Australia and you will receive a letter acknowledging your application for an innovation patent. Once you application has been accepted and granted, the complete application is then published in the Australian Official Journal of Patents.
How much does it cost?
See Innovation Patent Application fee.
How long does it take?
IP Australia will accept, grant and publish your application within 1 month
What happens next?
Examination of an innovation patent is an optional process, but your patent cannot be legally enforced until it is certified through examination. Examination can be requested by a 3rd party that wishes to clarify your legal rights.
Your patent will be examined mainly based on novelty (is it new?), the presence of an innovative step (is the difference between what is known and your invention an innovative step?) and whether your invention is something that can be patented.
How much does it cost?
See Examination/Acceptance for fees for Innovation Patent Examination Request (Patentee), Innovation 3rd Party Examination Request (3rd Party) and Innovation 3rd Party Examination Request (Patentee).
How long does it take?
There is no set time to request examination within the 8 years.
What does IP Australia say about my invention?
A first report will be issued to you approximately 6 weeks after requesting examination if your patent does not meet all the requirements of the Patents Act 1990.
Your patent is certified once it meets all the requirements under the Patents Act 1990. If there are any issues present in your patent, the report will include objections explaining what they are. These objections need to be addressed for the patent to be certified. All objections must be overcome within 6 months of the first report date.
How much does it cost?
All or part of the examination fee, no additional fees to certify
Extra fees may apply if your patent is opposed
How long does it take?
Report will be issued approximately 6 weeks from requesting examination
Patent needs to be certified within 6 months from the first report date
What else is involved in maintaining protection of my invention?
The certified innovation patent is published in the Australian Official Journal of Patents. Third parties are able to oppose your patent once it is certified. If an opposition is received, the issues may take time to be resolved.
A renewal fee is due 2 years from filing your application and must be paid annually for the duration of the patent. This applies to Innovation Patents whether they are Certified or Granted. You need to pay this fee for your patent to remain enforceable.
How much does it cost?
How long does it take?
Opposition period is 3 months
Last Updated: 17/12/2012