An intellectual property right conferred by the Patents Act 1990 (Cth) on inventors for a technological or commercially significant advance. Patents are granted for inventions, which maybe a device, substance, method or process, provided it meets statutory requirements. A patent is a proprietary interest which the patent owner can sell or licence to third parties. A patent owner obtains a monopoly to their invention for a limited time, giving them the right to exploit (such as make, sell or import) or authorise the exploitation of the patented invention for the duration of the patent (generally 20 years in Australia). A patent owner can enforce their rights by taking action for infringement of their patent, where a person exploits the patent without their authorisation.

Patent protection does not arise automatically, the inventor or other entitled person must file an application for a patent with the statutory body that administers patents (IP Australia) followed by examination and grant to obtain necessary protection. In Australia, a patent will be granted for an invention only if:

The validity of a patent can be challenged once granted on the basis that it does not meet any of the prescribed requirements.

As patent protection is territorial, where an invention may be commercially exploited outside Australia and patent protection is required, patent applications will need to be filed in the required jurisdictions.

For further information on patents see Practice notes: