02/09/2026
A patent is a form of copyright protection for new inventions. Granted by the government, a patent gives the owner exclusive rights to their invention for a certain amount of time, which is typically up to a period of 20 years (25 years for pharmaceutical patents).
A patent prevents others from producing, using or selling the protected invention without the owner’s permission. Patents can protect physical inventions such as devices and substances, plus intangible inventions such as methods and processes. A patent only protects in the country in which the patent is held; so if you require patent protection internationally, then patents need to be applied for in those other countries.
In order for a new invention to be protected by a patent, there are certain criteria that needs to be met. Firstly, the invention must be new and it must be novel in nature. Secondly, it must also be useful; being able to be produced or used within an industry. It also needs to be unique from what already exists. If there is something similar to your invention already in existence but your invention includes new or inventive points of difference, it may still be patentable.
A patent can’t be used to protect just anything. For example, you can’t use a patent to protect people, art, mathematical models and theories, mental processes or
plans and schemes.
In Australia, a provisional patent application costs $100. Filing a standard patent starts at $400. Other fees apply over time, including annual fees to keep your patent active. This is what it costs without engaging a patent attorney.
If you use a patent attorney, it will cost more (most applicants can spend $4-7K to file a provisional application, which includes legal fees). Filing a standard patent will cost a similar amount. Ask your attorney for a cost estimate up front.
It takes at least six months for the approval process to be complete; in some cases up to several years. How to apply for a patent? In Australia, you can apply for a patent by visiting IP Australia.
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