Patents protections in Australia are governed by patent law. Australia is a member of Patents Cooperation Treaty. It is important to apply for a patent before the idea is publicly exposed. A standard patent lasts for 20 years, with annual maintenance fees paid from the fifth year. An innovation patent initially is for two years from the date of filing and there are then annual renewal fees to pay. Innovation patent lasts for eight years and provides a quicker and less expensive means of protecting inventions with a short commercial life.
National phase applications have a strict time limit from the filing date. Please enquire us for filing requirement.
Two Types of Patents
A standard patent lasts for a maximum period of 20 years and can have an unlimited number of claims for different aspects and uses of the invention, provided it is new and inventive.
An innovation patent lasts for a maximum period of eight years, and is a faster and less expensive option designed for inventions that represent an innovative step for an existing invention; the inventive threshold for an innovation patent is lower than a standard patent.
Validity of Patents
Patents granted by national patenting authorities are presumed to be valid but in some occasions they may be found to be invalid by subsequent examinations and may be revoked in court proceedings. Acquiring a patent in commercial decisions may require details patents due diligence involving securing a patent opinion on the validity.
For more information and making further inquiry, please feel free to contact us.
