The top three pieces of advice ex-Navy diver turned innovator Tim Lyons would give aspiring entrepreneurs on intellectual property (IP) would be: g
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Patents
A patent is a right that is granted for any device, substance, method or process that is new, inventive and useful.
A patent is a legally enforceable right to commercially exploit the invention for the life of the patent.
Patent basics
Find out what is required to gain a patent and the benefits of a patent protection.
Types of patents
The two types of patents granted in Australia are the standard patent and the innovation patent. Find out about the differences in the type of inventions they cover and the length of protection they offer. We also explore the advantages of provisional and international applications.
Time and costs
Fees are payable at different stages during the patent process and will depend on the type of application you are making.
Searching patents
Searching can help you see whether there is anything similar in the market place which may affect the likelihood of your invention gaining patent protection. It can also be useful to obtain competitive product information and to make sure your product does not infringe someone else’s patent.
Engaging an attorney toolkit
The patent application process can be daunting. For first time applicants engaging an attorney can greatly increase the chances of success. This is our step-by-step guide on how, why and when to engage a patent attorney.
Find out about the application process
Provisional application
A provisional application allows you to establish the filing date of your invention while you decide whether to continue the patenting process.
Standard patent
A standard patent gives you long-term protection and control over your patent for up to 20 years.
Innovation patent
An innovation patent offers a much faster application process and gives you short-term protection and control over your patent for up to eight years.
International protection
A PCT application allows you to file one international application for one or more countries that are part of the Treaty (over 140 countries including Australia).
Maintaining your patent
Effective management of your patent is important to maintain its value. It is your responsibility to pay annual renewal fees and protect your patent against infringement.
Amending your patent
Amendments can be made to your patent application in response to an examination report, as well as to update ownership or contact details.
Opposition and re-examination
If you believe an invention should not be patented you can file for opposition. You may wish to provide information that demonstrates a patent needs to be revoked or re-examined. You can also contest the ownership of an invention.
Guides and tutorials
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 Pictured: innovators and former University of NSW (UNSW) graduates, Julian Chow and Alfred Boyadgis with their smart helmet system the Alpine F |
 Published:
31 July 2019 We’re updating AusPat’s older underlying search engine in our backend system as part of an ongoing program of work to modernise and transform service delivery for the benefit of staff and customers. |
Published:
11 April 2019 We’re pleased to release the seventh edition of the Australian Intellectual Property (IP) Report, now with enhanced data visualisations. |