Apply for a Patent
How it Works
Complete Online Application
Complete our online application on the LawPath platform, providing information about the purpose of your invention, a description of its essential parts and features, and how it works.
Consultation with Patent Attorney
One of our qualified patent attorneys will contact you to discuss the finer details of your application. They will draft the application in the required form, and submit it to the appropriate authority.
Receive Patent Protection
Once registered, you get exclusive rights to use and licence your invention, guaranteeing up to 20 years protection for standard patents or up to 8 years protection for an innovation patent.
Connect with IP Lawyers who Have Worked at Leading Global Companies
Frequently Asked Questions
- What is a patent?
A patent is a registered right granted by the law for a device, substance, method or process that is new, inventive, and useful. As the owner of a patent, you have exclusive rights to commercially exploit the invention for the time granted by the patent. Essentially, only you can earn money from the invention.
- Why should I patent?
Patenting gives you exclusive rights to generate income from your invention, allowing you to stop others from manufacturing, using or selling your invention. If you would like to, you are able to license the invention to other parties. Patenting supports innovation in promoting the development of new products and technology by providing the incentive of holding exclusive commercial rights to these products.
Did you know that WiFi was invented in Australia? The Commonwealth Scientific and Industrial Research Organisation (CSIRO) patented it in 1992 and 1996, and to 2013, and earned over $430million in royalties (excluding revenue from legal action).
- What are the types of patents?
The two most common types of patents are the standard patents and innovation patents.
To qualify for a standard patent, the invention has to be new (novel), useful, and involve an inventive step. Examination for approval by IP Australia for a standard patent take on average 6 months and can go on for years, but affords the owner of the patent up to 20 years exclusive use of the invention.
The requirements for an innovation patent are the invention is new, useful and involve an innovative step, which is a lower burden than ‘inventive’ for a standard patent. It takes around 1 month to obtain an innovation patent as it is only examined as and when there is a need to (e.g. when the patent owner seeks to enforce against an infringement). While it is quicker, cheaper, and easier to get an innovative patent, it is relatively less valuable and provides lesser protection than a standard patent.
- What is the time of exclusivity granted by patents?
The protection time frame varies according to the type of patent that is applied for and granted. An Australian standard patent lasts for up to 20 years, an innovation patent lasts for up to 8 years, and a pharmaceutical patent can last for up to 25 years. That is, if the annual fee is paid. If not, the patent lapses.
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