Providing evidence to dispute a patent

If you have information you believe shows a patent should not be granted or certified, you can give this information to IP Australia. We will consider this information during the examination process.

It is free to submit this information to us.

Standard application

When providing information disputing the novelty or inventiveness of a standard patent application, your information must be provided:

  • after the application is published (publication occurs 18 months after the application’s earliest priority date, and
  • before the patent is granted (this occurs three months after the patent has been advertised as accepted).

These dates can be viewed for a specific application by using our online patent search.

You will need to outline your argument and supply copies of any documents that support it (references or URL links to documents are adequate). You will also need to provide information about the date the document was published. If the document is not in English, you must supply a translation.

You can submit information by finding the application’s online record and then using the link at the bottom of the page.

You can also follow the examination process by viewing the examination reports and responses through the online record.

Innovation patent

You can provide similar information for an innovation patent application.

You must submit your information to us before the innovation patent is certified.

More information

If you believe you have information that challenges the validity of a patent that has already been examined and granted or certified, you can request re-examination.

Last updated: 
30 May 2016