How to Patent an Idea in Australia

If you’ve come up with a unique idea or invention, one of the best ways to protect it is by applying for a patent. A patent gives you the right to stop others from using, making, or selling your invention without your permission. It’s important to have a patent for anyone wanting to secure their intellectual property in Australia.

In this article, we’ll go step-by-step through how to patent an idea in Australia, what’s involved in the process, and how you can protect your creative work for the long term.

What is a Patent?

A patent is a legal protection that grants exclusive rights to an inventor for their idea or invention. It gives you the right to stop others from using, selling, or making your invention without your consent.

What does this mean for you?

• If you have a new and innovative idea, a patent means you own it. No one can copy it or use it without your permission for a certain number of years.
• In Australia, patents typically last for 20 years (for standard patents), but can last for as little as 8 years (for innovation patents).

There are three types of patents you can apply for in Australia:

1. Standard Patent 

The most common type. It provides protection for up to 20 years and is available for inventions that are new, useful, and involve an inventive step.

2. Innovation Patent 

This patent lasts for 8 years. It’s quicker to obtain than a standard patent, but it’s for inventions that have a lower level of innovation and are useful but don’t necessarily need to be groundbreaking.

A patent is valuable because it helps protect your idea, giving you the opportunity to make money from it by selling or licensing it, or simply keeping the competitive advantage.

Steps to Patent an Idea in Australia

Now let’s go over the process of applying for a patent in Australia. Here’s everything you need to know to make sure your idea gets the protection it deserves.

Step 1: Make Sure Your Idea is Patentable

Not all ideas are eligible for a patent. To be patentable in Australia, your idea must meet the following criteria:

1. It must be new 

Your idea must be completely original. It can’t be something that has already been done or disclosed to the public. If it’s already been made, used, or published, it’s not patentable.

2. It must be useful 

The idea should have practical value and be able to be used in the real world to solve a problem or improve something.

3. It must be inventive 

Your idea must not be obvious to others who are skilled in that field. It must involve an inventive step, meaning it has to offer something new that isn’t easily predictable.

Before applying for a patent, it’s a good idea to do a patent search. This allows you to check if anyone else has already patented a similar idea. IP Australia, the government body in charge of patents, provides a searchable database where you can check existing patents.

Step 2: Decide What Type of Patent You Need

As mentioned earlier, there are three types of patents in Australia. You’ll need to choose which one best suits your idea. Here's a quick breakdown of each type:

Standard Patent: 

If your invention is truly new and represents a big step forward in its field, a standard patent is likely what you’ll need. It offers long-term protection (up to 20 years) and covers a broad range of inventions. These are typically granted after a formal examination process.

Innovation Patent: 

This is for inventions that might not be as groundbreaking but still represent a useful improvement. This type of patent is easier to obtain, and while it only lasts for 8 years, it might be enough for certain inventions, especially those that don’t need long-term protection.

Make sure to choose the right patent type to get the level of protection that suits your invention best.

Step 3: Prepare Your Patent Application

Once you’ve decided which patent is right for your idea, it’s time to prepare your application. This is the most detailed part of the process and requires careful attention.

To apply for a patent, you’ll need to provide:

1. A written description 

This is the heart of your patent application. You’ll need to describe your invention clearly, explain how it works, and highlight what makes it unique. This helps others understand your invention and proves that it is new and useful.

2. Drawings or diagrams 

If your invention involves a physical product, you’ll likely need to provide visual representations, such as drawings, sketches, or diagrams. These help show the design or functionality of your invention.

3. Claims 

In the application, you’ll need to write claims that explain the specific features of your invention that you want to protect. These claims define the boundaries of your patent and ensure that only your invention is protected.

The patent application process can be complicated, and if you’re unsure, it’s a good idea to work with a patent attorney. Patent attorneys are experts who can help ensure your application is correctly written and has the best chance of being approved.

Step 4: File Your Patent Application

Once your application is ready, you can file it with IP Australia. There are two main ways to file:

1. Provisional Application 

This is a quick way to secure a filing date for your invention. It allows you to say that your invention is “patent pending.” You then have 12 months to file your complete application, during which time you can refine your idea or develop it further.

2. Complete Application 

This is the full application with all the necessary details. It starts the official patent process, and your patent will be examined by IP Australia to ensure it meets all requirements.

The filing process can be done online, and there are different fees depending on which type of patent you’re applying for.

Step 5: Wait for Examination

Once you’ve filed your application, IP Australia will begin the examination process. This can take several months, as they need to check if your idea meets the legal requirements for a patent. They will search existing patents and assess whether your invention is new, useful, and inventive.

If everything goes well, you’ll receive a patent grant, and your invention will be officially protected.

What Happens After You Get a Patent?

Once your patent is granted, you gain the right to control who can use, make, or sell your invention for the duration of the patent. For a Standard Patent, this is typically 20 years.

Here’s what you can do with your patent:

Manufacture and sell your invention: 

You can now create and sell your product without competition from others.

License your patent: 

If you don’t want to produce or sell your invention yourself, you can allow other companies to use your patent for a fee or royalty.

Enforce your rights: 

If someone uses your invention without permission, you have the legal right to take action to stop them.

Having a patent can also increase the value of your business, as it shows you have a unique product that’s legally protected.

Great Way to Protect Your Creative Ideas

Getting a patent in Australia is a great way to protect your creative ideas and inventions. It may seem like a complicated process, but by following the right steps, you can successfully patent your idea and secure the exclusive rights to your invention.

Make sure your idea is new, useful, and inventive, and choose the right type of patent to suit your needs. Prepare your application carefully and, if needed, consult a patent attorney to make sure everything is in order. Once your patent is granted, you can start benefiting from the protection it offers.

By taking the time to patent your idea, you’ll be safeguarding your intellectual property and opening up new opportunities for your invention in the market.