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Patents
What is a patent?
A patent is a right granted for any device, substance, method or process, which is new, inventive
and useful.
A patent is legally enforceable and gives the owner the exclusive right to commercially exploit
the invention for the life of the patent. This is not automatic, you have to apply for a patent.
All applications for patents are examined to ensure they meet the necessary legal requirements for
granting a patent.
Patents give effective protection if you have invented new technology that will lead to a product,
composition or process with significant long-term commercial gain.
You cannot patent artistic creations, mathematical models, plans, schemes or other
purely mental processes.
Do not go public with your invention too soon!
If you demonstrate, sell or discuss your invention in public before you file, you may not get a patent.
You can talk to employees, business partners or advisers about your invention but only on a
confidential basis. Written confidentiality agreements with these people are advisable.
Time limit
An Australian standard patent lasts for 20 years. However, annual maintenance fees are payable from
its fifth year.
Who administers patents?
Applications should be filed with IP Australia. They will assess whether your invention is new and if
it meets the legislative requirements.
You can learn more about the patent process under the
Patents section of this website.
International patents
Most countries have patent systems similar to the Australian system. Obtaining patents overseas helps
you protect your valuable export markets.
Australia is party to a number of international agreements which can reduce the complexity of applying
overseas. For example, the filing date of an Australian patent application can usually be used to
establish priority for corresponding patent applications made overseas within the following 12 months.
Patent examples
Useful addresses
The Institute of Patent and Trade Mark Attorneys of Australia (IPTA)
Level 2
302 Burwood Road
Hawthorn VIC 3122
Ph: +61 3 9819 2004
Fax: +61 3 9819 6002
Free call: 1800 804 536
Web: www.ipta.org.au
Licensing Executive Society of Australia and New Zealand (LES)
PO Box 1051
Pakenham Upper VIC 3810
Ph: (03) 5942 7066
Fax: (03) 5942 7033
AMPICTA - Representing owners of Intellectual Property in Australia
10 Plympton Rd
Carlingford NSW 2118
Ph: (02) 9458 7416
Fax: (02) 9956 7004
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