Australia patent applications

An Introduction to Patent Applications in Australia

Patent protection is a must for inventors who want to enforce their intellectual property rights over their inventions. The only way to enforce it is through patent applications at IP Australia, a process that requires knowledge of the basics. These include the type of patents, the type of invention covered and the length of protection offered.

 

Standard Patent

Not every invention can be covered by a standard patent. For a standard patent application to be filed, the invention it covers should meet these criteria:

  • It must be new;
  • It must involve an inventive procedure or step; and
  • It should be used or able to be made for use in an industry

 

The second criterion can be challenging to fulfil. For an invention to involve an inventive step, it shouldn’t be an obvious thing for another person with the knowledge, skills and experience to do. If it’s something that someone else knows to be a generally accepted fact, then it isn’t considered an inventive step.

 

For an invention to be considered for standard patent, it should significantly differ from existing technology. If the difference is considered a simple application of existing knowledge, information or technology, then it isn’t an invention per se.

 

Once a standard patent is approved, the invention is protected for up to 20 years from its application’s filing date. Renewals are necessary obviously. For pharmaceutical substances, the protection lasts up to 25 years.

 

Innovation Patent

Do you have an invention with a fairly short market life? Examples include computer-based inventions and electronics inventions, which are typically superseded by better and newer innovations. In this case, an innovation patent is your best bet.

 

Basically, an innovation patent provides protection for inventions that aren’t covered by the inventive threshold requirements for standard patents. The beauty of filing an innovation patent application lies in its quick and affordable process. This is partly because there’s no acceptance fee for it and no examination required before it’s granted. In most cases, it’s granted within a month of its application provided that the papers are in order.

 

But keep in mind that its protection, once approved, only lasts for eight years.

 

While a standard patent requires an inventive step, an innovation patent only demands an innovative step. There are two ways to look at an innovative step:

 

  • It’s different from what’s currently known and the difference results in a significant or substantial improvement in the existing invention’s functionality.
  • It’s an incremental improvement on existing technology and, as such, it isn’t a ground-breaking invention per se.

 

But the Australian Government is phasing out innovation patents. IP Australia will only accept innovation patent applications on August 25, 2021. But innovation patents have were filed and granted on or before said date will still be enforced until their respective expiry date.

 

CtR Intellectual Property Co. is a Hong Kong Patent Application Grant authorised patent agent offering PAG agent service, professional trademark and patent application & related services. We have more than 100 cases of PAG application experience in the past 5 years, and the application success rate is over 86%. For details of the PAG, international patent application and trademark registration, please contact us for free consulation.

 

CtR Intellectual Property Co.

Hong Kong Patent Application Grant Authorised Patent Agent

Offering Professional Patent and Trademark Application & Related Services

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