Grant of a Patent - Australian Government

Description

You are required to apply for the grant of a patent if you intend to protect your rights to a new and original concept, idea or design you have created.

A patent is legally enforceable and gives the owner the exclusive right to commercially exploit the invention for the life of the patent.

In Australia, a standard patent gives long-term protection and control over an invention for up to 20 years. It is a requirement that as a patent applicant, you must provide the Agency with a full description of how your invention works. This information becomes public and can provide the basis for further research by others.

The Australian Government phased out innovative patents. Existing innovative patents that were filed on or before August 2021 will continue in force until their expiry. This will ensure current rights holders are not d

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements

A patent can be owned by:

  • The inventors;
  • A person who has legally obtained rights to the invention from the inventors or an intermediary; or
  • An employer of someone who made the invention in the course of their normal duties.

If your invention was created by the employees of your company during the course of their job, then the patent may be registered in the company's name. If your business has been created under a partnership structure then one, or more, of the partners must become the registered owner or the partners in the firm or partnership can obtain a patent jointly in their own name.

In your application you must include a patent specification, which includes a written description which accurately and broadly describes the characteristics of the invention and state the scope of the patent rights sought.

Prior to filing a complete application you can also file a provisional application. While a provisional application will not result in an enforceable granted patent it can be useful in establishing an early priority date.

Please consult the Contact Officer for more information regarding eligibility requirements.

Duration

Standard patents: 20 years provided required annual maintenance fees are paid. Innovation Patent: 8 years provided required annual maintenance fees are paid.

Fees

Fees Details for this service in table format.

Task Type Business Structure Amount Description
Apply Application All $110.00 Provisional patent (online application). Fees for 2021-22
Apply Application All $210.00

Provisional patent (paper application). Fees for 2021-22

Apply Application All $370.00

Standard patent (online application). Fees for 2021-22

Apply Application All $570.00

Standard patent (paper application). Fees for 2021-22

Apply Application All $180.00

Innovation patent (online application). Fees for 2021-22

Apply Application All $380.00

Innovation patent (paper application). Fees for 2021-22

Act(s) name

Patents Act 1990 Australian Government

Regulation(s) name

Patents Regulations 1991 Australian Government

Administering agency

Department of Industry, Science, Energy and Resources

IP Australia

Patent and Plant Breeder's Rights Group

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Please use these contact details for help or more information:

Enquiries, Plants Breeder's Rights Group

Patent and Plant Breeder's Rights Group

IP Australia

Department of Industry, Science, Energy and Resources

Operating address: Discovery House
47 Bowes Street
Phillip
Australian Capital Territory 2606
Mailing address: PO BOX 200
Woden, Australian Capital Territory 2606
Phone: 02 6283 2999
Phone: 1300 651 010
Website: Patent and Plant Breeder's Rights Group (Opens in new window)