FOR IP PROFESSIONALS

Standard patent

A standard patent gives long-term protection and control over an invention. It lasts for up to 20 years from the filing date of your complete application (or up to 25 years for pharmaceutical substances).

The invention claimed in a standard patent must be new (novel), involve an inventive step and be able to be made or used in an industry.

An inventive step means that the invention is not an obvious thing to do for someone with knowledge and experience in the technological field of the invention.

Your invention must differ in some way from existing technology, but the difference must have resulted from something more than the simple application of published information and/or standard background knowledge.

Before a standard patent is granted, the complete application has to be examined by IP Australia. Examination before the grant of a standard patent is mandatory and can take from six months to several years (depending on the circumstances). 

Last Updated: 23/11/2013

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