Australian patent law
Encyclopedia
Australian patent law is law governing the granting of a temporary monopoly on the use of an invention, in exchange for the publication and free use of the invention after a certain time. The primary piece of legislation is the Patents Act 1990 (Cth). Patents are administered by the Commonwealth Government agency IP Australia
. Australia is a member state of the World Intellectual Property Organization
(WIPO), and compliant with Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS). This makes Australian patent law broadly comparable with patent law in other major countries (see Patent
).
Australia has two kinds of patent available:
Innovation patents have a faster approval process and lower fees.
Australia operates a first to file
system, like much of the rest of the world (with the notable exception of the United States of America
.)
IPMonitor is a customisable monthly Australian Intellectual Property report generator for monitoring the prosecution of Australian patents and trademarks.
When legislatures were established in the Australian Colonies, people could apply (petition the parliament) for a patent to be granted by the Governor of the colony, by way of a Private Bill. The first of these was South Australian Private Act No.1 of 1848, granted to Andrew John Murray of Adelaide, S.A. for "An improved windlass", on the 20th June 1848, for a period of 10 years. A further three Private Acts were granted in South Australia; and several were granted in Western Australia.
The first patent act in Australia, other than private acts, was introduced into New South Wales in 1852 (coming into force on 10th January 1854.) Victoria proclaimed its first Patent Act in 1854, with the length of the grant being for 14 years.
The administration of the States Patents Acts (NSW, Victoria, Queensland, SA, WA and Tasmania) was transferred to the Commonwealth of Australia from 1 June 1904. IP Australia is the Australian Government agency responsible for administering patents, as well as trade marks, designs and plant breeder’s rights in Australia.
IP Australia
The Australian Patent Office is a division of IP Australia which is an agency of the Australian Department of Innovation, Industry, Science and Research. APO issues patents for inventions. APO was established in 1904 by the Commonwealth of Australia and since 1998 has been located in one building,...
. Australia is a member state of the World Intellectual Property Organization
World Intellectual Property Organization
The World Intellectual Property Organization is one of the 17 specialized agencies of the United Nations. WIPO was created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world"....
(WIPO), and compliant with Agreement on Trade-Related Aspects of Intellectual Property Rights
Agreement on Trade-Related Aspects of Intellectual Property Rights
The Agreement on Trade Related Aspects of Intellectual Property Rights is an international agreement administered by the World Trade Organization that sets down minimum standards for many forms of intellectual property regulation as applied to nationals of other WTO Members...
(TRIPS). This makes Australian patent law broadly comparable with patent law in other major countries (see Patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
).
Key features
Australia has two kinds of patent available:
- a standard patent with a term of 20 years
- an innovation patent, with a lower threshold for inventiveness, and a maximum term of 8 years.
Innovation patents have a faster approval process and lower fees.
Australia operates a first to file
First to file and first to invent
First to file and first to invent are legal concepts that define who has the right to the grant of a patent for an invention. The first-to-file system is used in all countries except for the United States, which will switch to a first-to-file system on March 16, 2013 after the enactment of the...
system, like much of the rest of the world (with the notable exception of the United States of America
United States patent law
United States patent law was established "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;" as provided by the United States Constitution. Congress implemented these...
.)
Australian Patent Databases
The Auspat Patent database is the official Australian patents database operated by the Australian Intellectual Property Office. Auspat records patents dating back to 1904.IPMonitor is a customisable monthly Australian Intellectual Property report generator for monitoring the prosecution of Australian patents and trademarks.
History
In Australia, the system of granting patents in the Australian Colonies is based upon British law, and can be traced back to the English Statute of Monopolies of 1623. This was enacted in 1624. Prior to the Colonial states enacting their own legislation in the mid 19th Century and forming their own Patent Offices, inventors applied to England for patent registration and protection.When legislatures were established in the Australian Colonies, people could apply (petition the parliament) for a patent to be granted by the Governor of the colony, by way of a Private Bill. The first of these was South Australian Private Act No.1 of 1848, granted to Andrew John Murray of Adelaide, S.A. for "An improved windlass", on the 20th June 1848, for a period of 10 years. A further three Private Acts were granted in South Australia; and several were granted in Western Australia.
The first patent act in Australia, other than private acts, was introduced into New South Wales in 1852 (coming into force on 10th January 1854.) Victoria proclaimed its first Patent Act in 1854, with the length of the grant being for 14 years.
The administration of the States Patents Acts (NSW, Victoria, Queensland, SA, WA and Tasmania) was transferred to the Commonwealth of Australia from 1 June 1904. IP Australia is the Australian Government agency responsible for administering patents, as well as trade marks, designs and plant breeder’s rights in Australia.