A patent safeguards the way a device operates, or its function. A granted patent in Australia will bestow upon you the option of 20 years to solely develop and profit from your idea, allowing it to be protected from imitation and sold or licensed. Patent applications are lodged with the patent office of the country in which protection is sought. The patent office in Australia is called IP Australia.
What kinds of ideas can I patent in Australia?
To patent an idea in Australia, the test is that of an artificially created state of affairs of utility in the field of economic endeavour (NRDC Case). This includes patents relating to business methods or business ideas with a physical aspect. However, in some jurisdictions, such as Europe, business methods as a general rule cannot be patented in a direct sense.
How can I get a patent in Australia?
The filing of a provisional patent in Australia is often the initial stage in obtaining one or more patents anywhere in the world and will protect your invention for 12 months. More comprehensive patent protection may be achieved by filing a complete application within this 12 month period. The complete application may consist of a PCT application, which will subsequently allow you to lodge national phase applications in the countries in which you seek protection. Alternatively, you may file applications, such as a complete patent in Australia, directly in the countries you elect without a PCT application.
Important Disclaimer: The information on this website is not legal or professional advice. The information may:
- not be correct;
- only relate to the law or practice in a given country; and/or
- be outdated.