Publication of an innovation patent

Details (including the invention title) of your unexamined application will be published in the Australian Official Journal of Patents when your innovation patent is granted.

Publication is important for two reasons:

  • It sets the date after which anyone using your invention without permission is unlawfully infringing your patent. Once you have a certified innovation patent, you can take legal action for any infringements that occurred on and after the publication date.
  • The contents of your innovation patent application are no longer confidential. Your invention becomes public knowledge and can assist in advancing industry and technology.

However, publication of a patent application is not a guarantee that the patent application is valid or will be certified.

Last updated: 
30 May 2016