Patent Request: Standard Patent Patent of Addition - IP Australia - ipaustralia gov 2025

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A: There are two types of patents in Australia: standard patents and innovation patents. Standard patents last for 20 years from the date of the patent. Innovation patents are useful for minor or incremental functional innovations and offer a maximum of 8 years of protection.
Patents of addition relate to improvements in or modifications to patented inventions. A patent of addition cannot be granted before the main patent is granted. If the main patent is revoked, the patentee may request the conversion of the patent of addition into an independent patent.
You can apply for a patent of addition if youve modified your original idea and want to protect the new version. For example, youve had a patent granted for a tennis racket with a handle made from a special form of carbon fibre.
Once your documentation is ready, submit your application online by logging in to Patent Center through your validated USPTO.gov account. Filing online provides a better guided filing experience and avoids additional paper-filing fees.
Generally, yes. However, you can only register your overseas patent in Australia within 12 months of filing your patent application abroad. There is currently no such thing as a world-wide patent. Intellectual property rights are registered separately in each country.
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A standard patent provides long term protection and control for up to 20 years from the day you lodge your application.
Patent of Addition: File for significant improvements to an existing patent without separate renewal fees. Divisional Application: Appropriate for filing separately when your original application contains multiple inventions.
The Patent of Addition protects the novel, industrial applicability and non-inventive improvements or modifications to an already filed or granted patent application. Section 54 of the Act refers to an application being made for a modification/ improvement and does not limit itself to any specific type of application.

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