Publication of a standard patent

Details (including the invention title) of your unexamined application will be published in the Australian Official Journal of Patents 18 months after the application's earliest priority date.

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 granted standard patent, you can take legal action for any infringements that occur on and after the publication date.
  • The contents of your standard 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 accepted.

Last updated: 
30 May 2016