Patent Application Options

The main patentability requirements for an invention in Australia, as well as in most countries of the world are novelty and inventive step. An additional requirement to be introduced in Australia in April 2013 is that the invention must be for a “substantial and credible use”.

The following notes, although generally similar to requirements in other countries, are specific to the Australian patent system.


The invention must be new (novel), that is the invention must not have been published anywhere in the world prior to the filing date of a patent application. (Self publication by the inventor or someone authorised by the inventor may be permitted in some circumstances within 12 months prior to filing an application)

Inventive Step - standard patents

The invention must contain an 'inventive step' for standard patents. An inventive step requires the invention to be non-obvious in light of material known by a skilled person in the particular field of technology at the filing date.

Innovative Step - Innovation Patents

An innovative step requires that the claimed invention make a sustantial contribution to the workings of an invention in light of material known by a skilled person in a particular field before the priority date of the application.


For innovation patents, renewal fees are due on the 2nd anniversary of the filing date of the innovation patent and continue annually until the 7th anniversary of the filing date.

For standard patents, renewal fees are due on the 4th anniversary of the filing date and continue annually for the life of the patent.

If you fail to pay the renewal fee in due time, the omission can be repaired if the renewal fee is paid during an additional grace period of 6 months.