A patent is defined as “a right granted for any device, substance, method or process which is new, inventive and useful”. This is not an automatic right. For a patent to be legally enforceable and to obtain the exclusive right to commercially exploit the invention an application for registration will be necessary. The protection is generally for a period of 20 years. Once a patent expires, the protection ends, and an invention enters the public domain and the owner no longer holds exclusive rights to the invention. It then becomes available to commercial exploitation by others.

There are two types of patents in Australia;

   a standard patent gives long-term protection and control over an  
   invention for up to 20 years; and 

   an innovation patent which is a relatively fast, inexpensive  
   protection option, lasting a maximum of 8 years.