New products, processes, brands and inventions are examples of intellectual property that have the potential to bring great commercial benefits. Obtaining a patent is one of the best things inventors can do to protect this intellectual property.
Australia provides a robust patent framework that entitles the holder of the patent to the exclusive use of your inventions.
Australian patents are subject to maximum terms. This encourages innovation and competition, but it means it’s important to manage your patent portfolio and monitor renewal or expiry dates.
In this article, we answer how long a patent lasts in Australia, and how the maximum terms apply to different types of patents.
Standard patents last up to 20 years and pharmaceutical patents last up to 25 years from the date you filed your application. Yearly renewal fees must be paid to IP Australia to keep a patent or patent application pending.
The maximum term includes the time taken by IP Australia to examine and accept your patent.
The process can take between 6 months and several years, depending on the type of patent, the innovation involved, and “prior art” identified during examination.
IP Australia examines patents on a case-by-case basis and must allow sufficient time for examination, objection and publication. Working with a patent attorney is the best way to streamline this process and ensure your application has the best chance of success.
The maximum term of a patent depends on the type of patent. There are three main types of patents in Australia:
Provisional patents last for 12 months. The provisional patent lapses if you do not apply for a standard patent within the 12-month period.
Provisional patents provide no protection. Instead, provisional patents establish a priority date and act as a placeholder before you to pursue full protection.
You can read more about protecting inventions with provisional patents on our blog.
Standard patents provide up to 20 years’ protection, and pharmaceutical patents provide up to 25 years’ protection. Patents and patent applications must be renewed every 12 months or they will lapse and protection will cease.
The patent holder is responsible for managing and maintaining the patent. There are fees involved with renewal. We recommend engaging a patent attorney to handle the management process and ensure your IP is protected.
Innovation patents last up to 8 years from the date of filing. This type of patent is being phased out and can no longer be obtained for new inventions.
Although IP Australia is no longer accepting new innovation patent applications, existing innovation patents are still being enforced. Any innovation patents filed on or before 25 August 2021 will continue to be effective until their expiry.
Innovation patents were simpler to obtain and popular in fast-moving industries such as information technology.
Patents lodged in most international jurisdictions will remain valid for 20 years, provided any relevant renewal fees are paid.
The inventors of new and innovative products will often seek protection for their ideas in international jurisdictions. While there is no such thing as an “international patent,” most countries provide a patent system to protect intellectual property.
Patents in most jurisdictions entitle the inventor to long-term protection. The details of patent legislation varies between countries, meaning each patent will need to be managed carefully to ensure it does not expire or lapse.
Once a patent has expired, the protection ends and the invention enters the public domain. That means anyone can commercially exploit your product or process – such as by manufacturing and selling the invention.
You cannot renew a standard patent after 20 years in Australia (or 25 years for pharmaceutical patents).
Navigating Australia’s patent system can be a challenge. While our legislation provides robust protection for intellectual property and innovative products, it’s important to ensure your obligations are met.
Kings Patent & Trade Marks Attorneys are independent experts based in Brisbane. We provide a range of services to help protect your intellectual property and inventions.
Our services are available to both individuals and corporate clients. We assist with everything from drafting patent applications to enforcing rights and managing your portfolio of Australian and international patents.
Contact us today and book a confidential consultation to find out more about the Australian patent process!
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