This guide is a brief introduction to searching for historical Australian and overseas patents.
It is not a guide for inventors on how to patent an invention.
For advice on applying for patents, useful contacts for inventors include:
IP Australia - the Australian Government agency responsible for administering patents, trade marks, designs and plant breeder’s rights
Inventor's Association of Australia - provides assistance to people with new ideas and who wish to discuss protecting and developing their inventions
INNOVIC - a not for profit organisation that helps turn new ideas, inventions and innovations into viable products and new businesses
Australian patent blog patentology covers developments in Australian and New Zealand patent law, and commentary on overseas patent law.
Steve van Dulken (Information Expert at the British Library) published an informative blog on patents and other forms of intellectual property (trade marks, designs and copyright). In April 2013 he retired from the British Library and began "The Patent Research Blog".
This research guide provides information on locating patents registered in Australia and in overseas countries and regions, drawing on the collections of the State Library of Victoria, and various online databases.
Click on the tabs across the top of this page for more detailed information on each topic.
What is a patent
A patent is a government grant, for a set period of time, to exclusively make, use or sell, "any device, substance, method or process, which is new, inventive and useful". (IP Australia Glossary)
A patent application is a descriptive document (often including diagrams) that contains "concise written statements that define the invention covered by the patent application". (IP Australia Glossary)
"You cannot patent artistic creations, mathematical models, plans, schemes or other purely mental processes." (IP Australia)
Many patents are for incremental improvements in known technology.
Patents play a major role in technological, economic and social change. Consider the many developments in mining, transportation, communication, building, agriculture, food production, photography and medicine over the last 200 years, that have been a consequence of patent protection.
Historically, patents have been variously called patents, patent applications, patent specifications, specifications or specifications of inventions.
Term of grant and types of patents
In most countries today, a successful application lasts 20 years. In Australia, the Standard Patent lasts for up to 20 years, or up to 25 years for pharmaceutical substances. Australia introduced the Innovation Patent in 2001. It is relatively fast and inexpensive, and is granted for 8 years. A provisional application can be filed to establish a priority date, but does not give patent protection in its own right. To claim priority based on a provisional application, and to gain patent protection, a complete Standard or Innovation application must be made within 12 months of lodging the provisional application. (IP Australia) Many of the patents applied for in Australia are from individuals and companies resident overseas.
Patent models usually accompanied patent applications up to the end of the 19th century.
Patents, trade marks and designs
Patents are just one type of intellectual property (the property of your mind or intellect) legally recognised in Australia. The others are trade marks, designs, copyright, electronic circuit layouts rights, plant breeder's rights, and confidential information / trade secrets. For detailed descriptions of each see IP Australia.
"Intellectual property rights allow the creators – or owners of patents, trademarks or copyrighted works – to benefit from their own work or investment in a creation. These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of any scientific, literary or artistic work" (World Intellectual Property Organisation (WIPO)
The key difference between patents, trade marks and designs can be explained by the following example of a ball point pen.
The patent will describe how the pen's ball point operates to distribute ink to paper.
The design will describe the shape and appearance of the pen.
The trade mark will identify the brand of the pen, for example Bic Pro.
For information about trade marks, click on this link to the State Library of Victoria's trade marks research guide.
World patent protection
Can an inventor secure a world patent ?
There is no system to secure a world patent.
Applications can be filed in individual countries, in regions, or groups of countries.
The European Patent Office Espacenet is a free online database for searching patents from over 70 countries. Coverage is selective by country, date, full text, abstract, bibliographic and classification data.
A single international patent application can be filed in over 100 countries, by means of the Patent Cooperation Treaty (PCT) administered by the World Intellectual Property Organization (WIPO). Most major countries have signed this treaty.
The World Intellectual Property Organization (WIPO) enables free full text searching of over 1.6 million international patent applications from 1978, via its PAENTSCOPE® Search Service
State Library of Victoria
328 Swanston Street
Melbourne VIC 3000 Australia
+61 3 8664 7000