Applying for a patent can be a complex and time-consuming process.
We have outlined all the steps that need to be taken in order to ensure that the process is smooth.
- Search patent databases, sales brochures and magazines to ensure your invention has not been created by someone else. If your invention was publicly known before you apply for a patent, you won't be able to get a patent.
- Decide which type of patent application best suits your invention. You may wish to file a provisional application first; then decide between filing a standard or an international patent (PCT) application.
- Once it is filed, your application is checked and published. Please note that fees are payable at different stages of the patent process. A standard patent is normally published in the official journal before examination.
- Examination is mandatory before a standard patent can be granted and must be requested by the applicant. For a standard patent to be enforceable, it must have been examined. Examination can also be expedited by request, or expedited under the Global Patent Prosecution Highway (GPPH) or expedited under the IP Australia-European Patent Office Patent Prosecution Highway (IP Australia-EPO PPH).
- Acceptance of the standard patented occurs once it has been examined and published. The standard patent is then granted if it is not opposed.
- Pay annual fees to maintain your patent. Innovation patents can be renewed for up to eight years and standard patents can be renewed for up to 20 years (up to 25 years for pharmaceuticals).
Some common problems
Many patent applications that are filed without professional help are not successful for one or more of the following reasons:
- The original patent specification, whether provisional or complete, does not describe the invention properly.
- The invention is not new because the applicant disclosed it to the public before applying for a patent.
- The invention is not new because the applicant disclosed it to the public after filing a provisional application that did not adequately describe the invention; i.e. the provisional application did not provide an effective priority date.
- The invention is not new when compared with things that are already known; e.g. it has been published in an earlier patent document.
- The application is for something that is not patentable, such as a principle or idea, rather than its practical adaptation.
Please be aware that the innovation patent has been phased out as of August 26, 2021. You can no longer apply for a new innovation patent. Learn more about what the phase out of the innovation patent means for you.
More details can be found in our Patents Guide.
- Frequently Asked Questions
- Converting a patent application
- Divisional application
- Applying for a patent of addition