What is a search?

Before applying for a Standard 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 granted.

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.

What's involved in applying for a standard patent?

You can complete either an online or paper application form. Your application will be processed by IP Australia and you will receive a letter acknowledging your application for a standard patent. If claiming priority from a provisional or convention application, your application must be lodged within 12 months of the provisional or convention filing date.

The complete application is then published in the Australian Official Journal of Patents 18 months from the Earliest Priority Date, the date your application was first filed.

What happens next?

A request for examination can be made at any time. After a certain period, usually 4 years from the Earliest Priority Date (EPD), we will direct you to request examination if you have not done so already. You must request examination within 6 months of being directed or within 5 years of filing your application, whichever is sooner.

If you do not request examination your application will lapse.

Your application will be examined mainly based on novelty (is it new?), the presence of an inventive step (is the difference between what is known and your invention an obvious step?) and whether your invention is something that can be patented.

What does IP Australia say about my invention?

A first report will be issued to you within approximately 12 months after requesting examination if your application does not meet all the requirements of the Patents Act 1990.

Your application is accepted once it meets all the requirements under the Patents Act 1990. If there are any issues present in your application, the report will include objections explaining what they are. These objections need to be addressed for the application to be accepted. All objections must be overcome within 21 months of the first report date.

What else is involved in maintaining protection of my invention?

The accepted application is then published in the Australian Official Journal of Patents. Third parties have a period of 3 months from the date of publication to oppose your application. If an opposition is received, the issues may take time to be resolved. Your patent will be granted if no oppositions have been filed or once oppositions have been settled.

Once your patent is granted and all fees are paid, it will be enforceable.

A renewal fee is due 4 years from filing your application and must be paid annually for the duration of the patent. You need to pay this fee for your patent to remain enforceable.

More information

1. Learn more about standard patents
2. Learn about the standard patent application process