Patents

What is a patent?

A patent is a legal document which gives inventors of new technology the exclusive right to commercially exploit the invention for the life of the patent:

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What is patentable?

Inventions which are new and provide utility in some way. These inventions must also be non-obvious. Such an invention could be a useful device or a method.

What is not patentable?

• Artistic creations.
• mathematical methods.
• Some schemes of business or other purely mental acts.
• Mere discoveries and ideas (rather than a method or apparatus for putting that discovery or idea into practice).
• Mere arrangement of printed material on sheets.
• Computer programmes per se.

IP Australia

IP Australia is the Australian government agency that administers patents, trademarks and design rights. Their website is a valuable source of knowledge for general information on patents in the Australian context.

For assistance with the process of obtaining a patent for an invention it may be helpful to do the following:

• Speak with a legal officer such as UniSA Legal.
• Contact UniSA Ventures, the commercialisation arm of UniSA.
• Contact IP Australia, the government agency that administers patents in Australia.

The format of a patent number depends on the:

1) issuing office, 2) type of patent and 3) when it was issued. 

All patent offices assign a filing or application number when they receive an application, eg AN US 80-207592.

After a patent is granted it is given a final patent number. 
eg US 4,361,601.

Numbers differ according to the country of application which is also indicated by the geographic code.

For example: AN US 80-207592 indicates a publication in the United States, while JP 63,270,598 indicates a Japanese publication.

Patents can be found by searching on the following:

• Patent number
• Date of patent application / grant
• Place of registration
• Number of inventor or applicant
• Invention details

Getting started searching for patents in SciFinder

For information on searching for patents using SciFinder, please consult the following PDF:

Patent databases

There is no such thing as an 'international patent' but you can get patents granted in a number of different countries and protect your invention.

It is important to note that an Australian patent provides protection only within Australia. If you want to apply for a patent in other countries, you can:

• File separate patent applications in each country or
• File a single international application. This will take effect in all countries that are party to the PCT (Patent Cooperation Treaty: with over 120 member countries, including Australia)

You can then:

• Choose to proceed with it in whichever country you select at a later date
• NOTE: there are differences between countries in the terms of the patent granted, its legal effect, cost and application procedures

Regardless of the option chosen, the inventor will need to apply for a separate patent application to each intellectual property office in every country. This way, the inventor would be granted patents in a number of different countries for the protection of the same invention.