- About Us
- Services
- Industries
- Resources
- Tools
- Locations
- Contact Us
Discover whether your invention may qualify for patent protection in Australia, and find out how our IP attorneys can help you secure it.
Answer a few quick questions to get an initial assessment of your invention
⚠️ This tool provides a general indication only and does not constitute legal advice. Patentability depends on many technical and legal factors specific to your invention and jurisdiction. Results should not be relied upon as a final assessment. Please consult an IP Guardian patent attorney for professional advice tailored to your situation.
Patent law is complex, and the difference between a strong application and a rejected one often comes down to how your claims are drafted. Our IP attorneys can assess your invention in detail, advise on the right type of patent protection, and manage your application from start to finish.
A patent is a legally enforceable right that gives you exclusive control over how your invention is made, used, and commercialised for a set period. In Australia, patents are governed by the Patents Act 1990 and are administered by IP Australia. A standard patent provides protection for up to 20 years; an innovation patent (now closed to new filings) provided protection for up to 8 years.
The checker evaluates your invention against the core patentability requirements under Australian law — including whether it appears to be novel, involves an inventive step, is suitable for industrial application, and falls within a patentable category. It does not search patent databases for prior art.
To be patentable in Australia, an invention must generally be: new (not publicly disclosed anywhere in the world before your filing date), inventive (not obvious to a skilled person in the relevant field), useful (capable of being applied industrially), and a manner of manufacture — meaning it must produce a tangible, artificial outcome rather than being a mere abstract idea, artistic work, or natural phenomenon.
Not necessarily. A prior art search is strongly recommended before filing, as an undiscovered existing patent or publication could invalidate your application. An attorney can conduct a professional search and advise on the strength of your position before you commit to filing costs.
A standard patent application typically takes 2–4 years from filing to grant, depending on the complexity of the technology and any examination issues that arise. If you need protection sooner, a provisional application can secure a priority date immediately and give you 12 months to file a complete application.
Yes. Australia is a signatory to the Patent Cooperation Treaty (PCT), which allows you to file a single international application covering 150+ countries. We can also assist with direct national filings in key markets including the US, EU, UK, China, and the Asia-Pacific region.
It depends. Australia has a 12-month grace period that may protect disclosures you made yourself, but most other countries do not offer this grace period. If you have disclosed your invention, it is important to seek legal advice as soon as possible, as delays can affect your international filing options.
No. The checker is a free educational resource designed to help you understand the basics of patentability. Every invention is different, and only a qualified patent attorney can properly assess your specific circumstances. Contact our team to arrange a confidential discussion.
If you need advice on patents, trade marks, or design protection, our intellectual property attorneys are ready to help.
Prefer to speak with someone now?
I found them online and initially I was bit hesitant to talk to them about my problem but when I spoke to Barry, I felt more comfortable, and he gave me all the information and advice I wanted without even thinking that I am going to give him business or not. Finally, I went with them, and they made the entire process so smooth and easy for me. john was keeping us updated with each step he was doing. I would recommend these guys for any patent or trademark related service.
I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.