Australian Patent Law

Australian patent law is administered by IP Australia, a federal agency operating under the Department of Innovation, Industry, Science and Research. IP Australia also is responsible for providing the legal framework of Australian patent law. As of March 2010, there are two varieties of Australian patents: a standard patent that protects an invention up to 20 years and an innovation patent that offers protection for up to eight years.

Standard Patent

A standard Australian patent provides legal protection for a new product, technology or commercial process. Patent applicants are required to fully disclose all information concerning their product. Once made public, this information can be used by the general populace. Artwork, mathematical equations or anything deemed a "mental process" is ineligible for standard patent protection.

Innovation Patent

In 2001, the Australian government introduced the innovation patent. This patent was created for inventions that do not meet the criteria of a standard patent. Innovation patents provide protection for intellectual property. However, innovation patents do not legally prevent others from copying your idea unless you formally request to have your innovation patent examined by IP Australia. Only after being certified is an innovation patent legally enforceable.

Standard Patent Qualifications

To qualify for a standard patent the inventor's product must be new, useful and include an "inventive" step. An inventive step refers to a physical invention process. The application must specify the product title, physical description, benefit claims and drawn-out blueprints. IP Australia will then examine the product and decide on patent eligibility.

Innovation Patent Qualifications

For an innovation patent to qualify, the inventor's product must be new, useful and include an "innovative" step. An innovative step refers to a mental invention process. The application must include the products title, a concept description and up to five claims of benefits. IP Australia will examine the product only upon request.

Grace Periods

A grace period is intended to protect inventors from losing their patent rights should their invention be accidentally disclosed. The grace period allows inventors patent eligibility for products created within 12 months before the patent application date. Prior to the grace period being enacted, Australian inventors were obliged to keep product development secret to protect their patent eligibility.

References

• IP Australia: Patent Law
• IP Australia: Grace Periods