Commonwealth Act
The Patents Act governs patent applications, ownership and infringement for inventions and technical products in Australia.
Plain-English explainers, not legal advice. Use the linked official source for section-level detail, and get advice for your situation.
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Patent law protects inventions, not broad ideas. For a small business, the real question is whether patent protection supports the commercial plan: fundraising, licensing, manufacturing, exit value, market exclusivity or defence against competitors.
The legal and commercial timing are linked. Public disclosure before filing can damage novelty, while filing too early or too broadly can waste budget before the product direction is clear.
Key points
| Situation | What to check |
|---|---|
| Founder builds a technical product | Who owns the invention, who contributed, and whether anything was disclosed before filing. |
| Using third-party technology | Whether a licence is needed and whether the licence covers the intended market and use. |
| Importing or refurbishing products | Whether the activity is lawful repair, resale or an infringing making of the patented product. |
| Receiving a patent letter | Whether the patent is in force, what claims it covers, and whether the product actually falls within those claims. |
Key takeaways
Not always, but public disclosure before filing can destroy novelty. Use confidentiality controls and get patent advice before broad disclosure.
Sometimes, but the line between repair, modification and making a new product can be difficult. Calidad v Seiko is a useful starting point.