Patent registration in Australia

Currently, the number of patent registration applications in Australia has generally tended to increase in recent years. However, there are slight fluctuations between years due to many influencing factors, including the economic situation, government policies, and the development of specific industries. The technology sectors that attract the most patent applications in Australia include medical and pharmaceutical technology, information and communication technology, mechanical and electronic engineering, biotechnology, clean and renewable energy technology. The above fields all have advantages to develop patents, in terms of information and communication technology, Australia is one of the countries with the highest rates of internet and smartphone use in the world. The demand for new information and communication technology solutions, such as artificial intelligence (AI), machine learning, internet of things (IoT), cybersecurity, and 5G technology, is huge. In terms of clean and renewable energy technologies, Australia has abundant renewable energy resources, such as solar and wind. The Australian government is accelerating the development of clean energy and reducing carbon emissions. Patents in the fields of solar energy, wind energy, energy storage, smart grids and energy efficiency have strong growth potential. Australia is one of the world’s largest exporters of agricultural products. Innovations in smart agriculture, agricultural biotechnology, food processing technology and food safety can help improve productivity and quality of agricultural products, while meeting the growing demand for clean and safe food. Therefore, there are many patents for these fields that can be registered, Viet An Law would like to guide customers preliminarily the procedure for patent registration in Australia through the article below.

Legal basis

• Patent Law of 1990 (incorporated on August 26, 2021)

Definition of patent in Australia

In Australia, a patent is a legally protected right granted to a new, innovative and useful device, substance, method or process. Patent owners are granted exclusive rights to commercially exploit their patent for a limited period, usually 20 years. To be eligible for a patent, the patent must meet the following criteria:

• New: The patent has not been publicly disclosed in any way prior to the date of filing of the patent application.
• Creativity: The patent must not be obvious to a person with expertise in the field of related technology.
• Useful: The patent must be able to be used in some type of industry.

Types of patents that can be registered in Australia

• Standard patents: This type of patent provides the broadest form of protection and lasts 20 years from the date of filing of the patent application.
• Innovative patents: This is a simpler and less costly form of patent, but the protection period is shorter (8 years) and has a lower threshold for innovation.

Patent lookup in Australia

To search for patents in Australia, you can refer to the following data:

Australian Patent Search Database

This is an official database maintained by IP Australia, allowing users to search patents and patent applications according to various criteria, such as: Patent Title, Applicant Name, Inventor Name, Patent Number, Keyword…

Users can access the Australian Patent Search database here: https://ipsearch.ipaustralia.gov.au/patents/

AusPat

This is another database containing Australian patent applications, allowing users to search for patents and register to follow cases of interest to them. Users can access AusPat through the State Library of Western Australia website:

https://slwa.wa.gov.au/eresources/auspat-patent-search-database-australia

Wipo Inspire

It is a global database that includes patent information from various countries, including Australia. Users can search for Australian patents by entering relevant keywords or patent numbers. Visit WIPO INSPIRE here: https://inspire.wipo.int/auspat

Free patent search tool

Some websites offer free patent search tools but may not be as complete as official databases. Some sites such as:

• Wynnes World: https://wynnes.com.au/resources/searchable-ip-databases/
• Google Patents: https://patents.google.com/

Guide to filing a patent application in Australia

After a preliminary search for patents, if it is found possible to register, the applicant should prepare information for patent registration as follows

• Information about ownership and inventor
• Contact information for a representative in Australia or New Zealand
• A prepared technical description detailing the applicant’s patent
• Payment information.

To file a patent application, the applicant needs to follow the following process

• Create a public account on the website path as follows:

https://portal.ipaustralia.gov.au/login?_gl=1%2a19bkwmw%2a_ga%2aMjU0OTgwOTU2LjE3MTYyNjY4MTM.%2a_ga_GMT4KC15KS%2aMTcxNjI3MTE5Mi4yLjEuMTcxNjI3NTIzMi4wLjAuMA.

• Fill out the application form. During the application process it can take about 15 minutes to submit online, and the applicant can save his or her progress as it goes.
• Upload your technical description.

 Options the applicant can refer to suit his or her situation:

• Request due diligence at the time of application.
• The applicant’s request for a standard patent application is processed faster than usual by an expedited due diligence process.
• Request priority rights from a previous application, such as a provisional application.
• Indicates whether this is a division application or additional patent.

Patent process in Australia

There are four steps to patenting:

• The applicant submits the application
• The intellectual property office appraises the application
• The Intellectual Property Office accepts eligible applications and notices them publicly
• If no one objects to the application, the Intellectual Property Office will issue the license.

This process will take at least six months, or in some cases, up to several years.

Patent registration fees in Australia

 Patent registration in Australia through the PCT system

What is a PCT system?

The PCT system stands for  Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by  the World Intellectual Property Organization (WIPO) and has more than 150 participating countries, including Australia.

Benefits of PCT system:

• Time and cost savings: The PCT system allows applicants to file a single patent application for patent protection in multiple Treaty countries, instead of having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the patent. This is valuable time for the applicant to assess the commercial potential of the patent and prepare for the national filing.
• Simplified Process: The PCT system uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Patent Search Office and Written Opinion will provide the applicant with information about the novelty and patentability of the patent, helping the applicant make an informed decision about the national filing.
• Strengthening international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and sharing of experiences between countries.
• Innovation support: PCT systems help promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent application through PCT system

To file a patent application through the PCT system, you need to prepare a dossier that includes the following documents:

• PCT Application: Applications can be submitted in Vietnamese or Australian, however, it is recommended to be submitted in Australian to facilitate the processing process. You can download the PCT form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of patent: The description of the patent should present details and clarity about the patent, including:
  • Patent Name Technical field
  • Patent summary
  • Detailed explanation of the patent
  • Drawings (if any)
  • Claims for protection
• Claim for protection: The claim should clearly define the scope of protection that the applicant wants for the patent.
• Patent Declaration: The patent statement should clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant should provide a Power of Attorney Letter authorizing the representative to represent the applicant on behalf of the applicant during the application process and processing the procedure.

Additional documents (may require):

• Priority Document (if applicable): If the applicant filed a patent application for the same patent in another country prior to filing the PCT application, the applicant may claim priority based on the filing date.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT application fee to the International Reception Office (IB).

Patent registration service in Australia of Viet An Law Firm

• Perform the search and notify customers in writing the result of the patent search in Australia;
• Drafting documents and directly submitting and monitoring the status of patent applications filed in Australia on behalf of the patent owner;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring patent applications in Australia;
• Support follow-up, representation to resolve objections and feedback with intellectual property representatives performing procedures in Australia.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to apply for a patent in Australia, please contact Viet An Law Firm for the most effective support.