Australian patent law
Patent law |
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Overviews |
Procedural concepts |
Patentability requirements and related concepts |
Other legal requirements |
By region / country |
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See also |
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. Patents are administered by the Commonwealth Government agency
Key features
Until August 2021, Australia had two kinds of patents available:
- a standard patent with a term of 20 years and
- an innovation patent, which offered a lower threshold for inventiveness, and a maximum term of 8 years. However, in 2020, the Australian government began phasing them out and the last date for filing an innovation patent in Australia was 25 August 2021.[1]
Innovation patents had a faster approval process and lower fees.
Australia operates a first to file system, like much of the rest of the world.
Australian patent databases
The AusPat Patent database[2] is the official Australian patents database operated by the Australian Intellectual Property Office. AusPat records patents dating back to 1904.[3]
History
Pre-Federation
The system of granting patents in the six Australian colonies was based upon British law, and can be traced back to the English
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
The first general patent act in Australia was introduced into New South Wales in 1852 and came into force on 10 January 1854.[6] Victoria proclaimed its first Patent Act in 1854, with the length of the grant being for 14 years.[7]
Post-Federation
Section 51(xviii) of the
See also
- History of patent law
- Australian property law
- National Research Development Corporation v Commissioner of Patents (1959) 102 CLR 252
References
- ^ "Innovation patents". IP Australia. Archived from the original on 12 November 2009.
- ^ "IP Australia: AusPat Disclaimer".
- ^ "AusPat About". Australian Government, IP Australia. Retrieved 10 July 2016.
- OCLC 810555503.
- OCLC 27623754.
- ^ Hack 1984, p. 10
- ^ "Patents Research Guide". Research Guides. State Library of Victoria. 30 September 2013.
- ^ a b "2. The Patent System: An outline of the patent system". Australian Law Reform Commission. Retrieved 26 November 2018.
- ^ "Our History". IP Australia. Retrieved 26 November 2018.