Getting started with 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:
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.
Obtaining a patent
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.
Patent numbers
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.
Searching for patents
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 and Scopus
For information on searching for patents using SciFinder and Scopus, please consult the following PDF:
Patent databases
- SciFinderIncludes Registry databases from the Chemical Abstracts Service with patents included. (PLEASE NOTE: You need to create a personal account before accessing SciFinder for the first time. If your account is inactive for more than 6 months your access will cease).
- ScopusScopus indexes over 48 million patents.
- Library CollectionFind a specific patent or information on patents in general. Note it is possible to filter to patents by heading to the 'Resource Type' section and selecting 'Patents'.
- Google patentsGoogle and USPTO have agreed to make over 7 million patents available at no charge. Search and download by patent number or keyword.
Understanding international patents
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.
National patent offices
- IP AustraliaThe Australian Government agency that administers intellectual property (IP) rights and legislation relating to patents, trade marks, designs and plant breeder's rights.
- AusPatAusPat is IP Australia's search database that allows inventors, industry and researchers to access patent applications lodged and granted in Australia.
- United States Patent and Trademark Office (USPTO)USPTO is the Federal agency for granting U.S. patents and registering trademarks.
- Canadian Intellectual Property Office (CIPO)CIPO a Special Operating Agency (SOA) associated with Industry Canada, is responsible for the administration and processing of the greater part of intellectual property in Canada.
- UK Intellectual Property OfficeUK Intellectual Property Office can assist with getting the right type of protection for your creation or invention.
- Japan Patent OfficeThe Japan Patent Office is a Japanese governmental agency in charge of industrial property right affairs, under the Ministry of Economy, Trade and Industry.
- Intellectual Property Office of New Zealand (IPONZ)IPONZ grants and registers intellectual property rights in New Zealand, including trade marks, patents, designs, plant variety rights and geographical indications.
- World Intellectual Property OfficeWorld Intellectual Property Organization (WIPO) is the United Nations agency dedicated to the use of intellectual property (patents, copyright, trademarks, designs, etc.) as a means of stimulating innovation and creativity.
- European Patent OfficeAs the patent office for Europe, it supports innovation, competitiveness and economic growth across Europe through services delivered under the European Patent Convention.