Firstly, a patent is drafted by a Patent Attorney. Once drafted, the patent is then filed online with IP Australia.

There are three main types of patent applications that can be file in Australia:

  1. Provisional Patent Applications;
  2. Standard Patent Applications; and
  3. Innovation Patent Applications.

The type of patent application you require will depend on a number of factors. Speaking to a Patent Attorney is recommended to determine which patent application is best suited for you.

What is a patent?
A patent is a written document that discloses your invention. If granted, a patent provides you with the exclusive right to exploit your invention.

How do I write a patent?
Patents are drafted by Patent Attorneys who take information provided by you and create a patent application for your review.

What is the structure of a patent?
A patent application follows the following structure:

  1. Title
  2. Field of Invention
  3. Background
  4. Summary
  5. Detailed Description
  6. Claims
  7. Figures
  8. Abstract

Each section of a patent application must be written in accordance with specific rules which define the type of language used, information provided, layout, section ordering etc.

By submitting an application which does not properly describe your invention, you risk not obtaining a granted patent, and as such, the exclusive rights to your invention.

Where can I see other Australian patents?
You can search for Australian patents online using IP Australia’s online database AUSPAT.

How do I start filing a patent?
Speak to one of our friendly staff members at Chamberlains if you are interested in filing a patent application. Our Patent Attorneys are able to determine the right patent application for you, as well as draft and file the application on your behalf.