A guide to applying
for your patent
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Disclaimer
This application guide should not be regarded as
an authoritative statement on the relevant law and
procedure. Whilst we make every effort to ensure the
information presented is accurate and up to date, you
should check with us before relying on the information.
Although our staff cannot give you advice about your
particular circumstances, we can answer general
questions about the Australian patent system. We
recommend that you seek professional assistance
before applying for a patent.
A guide to applying for your patent
3
Contents
First, the basics
4
Decision 1: Can I patent my invention?
6
Decision 2: Should I patent my invention?
7
Decision 3: What type of patent?
8
Decision 4: What type of application?
10
Flow chart of an application
11
How to file a provisional patent application
12
How to file a complete patent application
15
Patenting overseas
22
Costs 22
Contact us
23
Glossary of terms
25
A guide to applying for your patent
4
First, the basics
What is a patent?
A patent is an IP right granted for new technology you have invented. It is legally enforceable and
gives you the exclusive right to commercially exploit your invention in Australia for the term of the
patent. You can also obtain patent protection overseas.
Seek professional advice
Patenting and commercialising an invention can be costly, time-consuming and requires a range of
skills you may not currently have. Furthermore, as a first time applicant, you probably don’t know
what you don’t know.
We strongly recommend you seek advice from a patent attorney. Most people would not purchase
a home without professional assistance, and yet obtaining a patent is more complex. If you get
it wrong from the outset, it can be impossible to correct an error, resulting in a lost opportunity to
protect your invention.
Keep your invention a secret
Your invention should be kept secret until you have applied for patent protection. If you
demonstrate, sell or discuss your invention in public before you apply, you may lose the
opportunity to patent it.
You can still talk to your employees, business partners or advisers about your invention, but
make it clear that the information is to be kept confidential. You should use written confidentiality
agreements, particularly when negotiating with potential business partners.
Priority date - an important concept
The date you first file a patent application for your invention establishes what is known as a priority
date. Potential competitors who file an application at a later date for the same invention will not be
entitled to patent it due to your earlier priority date.
Don’t replicate something already patented
You don’t want to apply for a patent for an invention that isn’t new. Before investing large amounts
of time and money, search patent databases, sales brochures and the internet. This will help you
determine if your invention has already been thought of by someone else.
A guide to applying for your patent
5
Searching the Australian patent databases
You can search Australian patent documents for free via our website using our AusPat search
system. Data from AusPat dates back to 1904.
AusPat is the search system for Australian patent data and provides a single point of enquiry for
information on Australian patents. AusPat provides quick, structured or advanced search options to
search several bibliographic fields including:
• Document number
• International Patent Classification mark
• Applicant/Inventor name
• Title
Searching patents worldwide
Our website provides links to a range of patent databases, including those of the major overseas IP
offices. Most of these databases are free to search, but using them effectively is a specialised skill.
You may want to contact a patent attorney or professional searcher to search for you.
What next?
Now you know the basics, there are some important decisions ahead. They are:
• Decision 1: Can I patent my invention?
• Decision 2: Should I patent my invention?
• Decision 3: What type of patent?
• Decision 4: What type of application?
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