Is Your Invention Already Patented In Australia?

how to find out if something is patented in australia

If you want to find out whether something is patented in Australia, there are several options available to you. The State Library holds print and microfiche copies of Australian patents from 1904 to 1999, and staff can help you find the patent number and year. If you don't know the patent number or year, you can search the AusPat database, patent indexes, or request a print copy. You can also search the National Archives of Australia website, which holds microfiche copies of patents from 1935 to 1999, or contact the relevant patent office directly to request a print copy.

Characteristics Values
Patent Databases AusPat, IP Australia, Google Patents, National Archives of Australia
Patent Search Methods By name, date, keywords, application number, invention type, geographic location
Patent Search Tools Print copies, microfiche copies, online databases, library catalogues
Patent Search Assistance Librarians, patent offices, patent search experts
Patent Search Purpose Identify existing patents, check patent status, find patent owner, understand patent claims, patent improvement

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Search the AusPat database

If you want to find out whether something is patented in Australia, one of the options is to search the AusPat database on the IP Australia website. This database includes Australian patents from 1904 to the current day. Most twentieth and twenty-first-century patents are on AusPat, but some earlier twentieth-century patents may not be available on the platform. The database is free to search and provides full specifications.

If you cannot find the patent on AusPat, you can search the print or microfiche indexes to find the patent number and year. Alternatively, you can ask a librarian for help. The State Library holds print and microfiche copies of Australian patents from 1904 to 1999.

If you know the patent number and year, you can request a print or microfiche copy of the patent from the library. You can also contact the relevant patent office and request a print copy.

Additionally, you can search for patents from 1935 to 1999 by application number. The National Archives of Australia holds microfiche copies of these patents. The catalogue contains indexes for patents and a searchable database.

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Check the State Library

To check if something is patented in Australia, one of the sources suggests searching the state library. Although it does not specify which state, the State Library of Victoria and State Library of New South Wales are two of the largest in the country and have online resources that can be used for this purpose.

State Library of Victoria

The State Library Victoria has a dedicated page on its website for patents, which includes a basic overview of the patent process in Australia and a list of patent databases that can be searched. These databases include:

  • AusPat: The Australian Patent Database, which contains information on Australian patents granted from 1904 to the present day.
  • Australian Design Search: A database of registered designs in Australia, which includes information on the visual appearance of products that have been registered.
  • Espacenet: A worldwide database of patents, including Australian patents from 1979 onwards.
  • WIPO Patentscope: A global patent database from the World Intellectual Property Organization, including Australian patents from 1990 onwards.

The library also provides access to a range of other resources, such as patent guides, classification systems, and information on international patents.

State Library of New South Wales

The State Library of New South Wales also has a wealth of resources for those looking to research patents. Their website includes a "Patents and Trademarks" page, which provides an overview of the patent system and links to various databases and search tools. These include:

  • Australian Patent Database (APDK): This database provides access to Australian patents from 1904 to the present, including full-text searching of patent specifications.
  • Australian Design Search: Allows users to search for registered designs in Australia by keyword, owner name, or design number.
  • Trade Marks Search: A database for searching registered trademarks in Australia, including word marks, device marks, and non-traditional marks.
  • International Patent Databases: The library's website also provides links to international patent databases such as Espacenet and WIPO Patentscope, as well as resources for researching trademarks and designs internationally.

Other State Libraries

While the State Library of Victoria and State Library of New South Wales offer comprehensive online resources, other state libraries may also provide useful information and assistance with patent searches. Many state libraries have business and intellectual property resources and their websites often include guides and recommendations for patent research. Additionally, visiting a state library in person can provide access to print resources

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Explore the National Archives of Australia

The National Archives of Australia is a rich repository of historical records, offering a fascinating glimpse into the country's past. It holds millions of records spanning across various formats, including paper documents, photographs, audio-visual material, and even artefacts. The Archives are an invaluable resource for researchers, historians, and anyone interested in exploring Australia's cultural and political heritage.

One of the key roles of the National Archives is the preservation and accessibility of government records. The Archives house an extensive collection of records generated by Australian government agencies, providing a window into the workings of the nation's governance. These records encompass a diverse range of topics, from policy decisions and legislative processes to records of significant historical events, treaties, and international engagements. The Archives also hold records related to the Australian Constitution, offering insights into the nation's foundational principles and the evolution of its democratic framework.

The National Archives of Australia is particularly renowned for its collection of patents. Patents are legal documents that grant inventors the exclusive right to make, use, and sell their inventions. The Archives hold records of Commonwealth patents lodged from as early as 1904 onwards. These patent records are an invaluable resource for inventors, businesses, and researchers, enabling them to search for specific patents, explore the history of innovation in Australia, and understand the legal protections afforded to intellectual property.

The Archives provide several avenues for exploring their vast collections. One of the most convenient methods is through their online database, RecordSearch. This digital platform allows users to conduct basic and advanced searches using various parameters, such as keywords, names, dates, and patent numbers. RecordSearch offers access to digitised copies of patents, making it possible to examine detailed specifications, drawings, and descriptions from the comfort of your home. Additionally, the National Archives website features educational resources, webinars, and exhibitions that bring history to life and provide context to the records.

Beyond the digital realm, the National Archives of Australia also welcomes visitors to its physical locations, including its headquarters in Canberra and various state offices. These locations often host exhibitions, workshops, film screenings, and interactive sessions that engage and educate the public about Australia's history and cultural heritage. The Archives also provide in-person research facilities, where visitors can access paper copies of patents, microfiche records, and other archival materials that may not be available online.

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Contact the patent office

Contacting the patent office in Australia can be done through several means, each serving a specific purpose and audience.

For general enquiries, the patent office can be reached by phone at 1300 65 1010 within Australia, or +61 2 6283 2999 from overseas. These phone lines are open Monday to Friday, 9 am to 5 pm Australian Eastern Standard Time or Australian Eastern Daylight Time. For those who are deaf or have a hearing or speech impairment, the patent office can be contacted via the National Relay Service. This service can be accessed by calling 133 677 and asking for 1300 65 1010, or for overseas callers, by calling +61 3 9664 6331 and asking for +61 2 6283 2999.

Written correspondence can be sent to the following postal address:

> IP Australia

> PO Box 200

> Woden ACT 2606

> Australia

Alternatively, for those wishing to deliver their correspondence by hand or courier, the physical address is:

> IP Australia

> Level 3, Gordon White Building

> 4 National Circuit

> Barton ACT 2600

> Australia

IP Australia also provides a fax number for those who wish to send documents via this method: +61 2 6280 0123.

For those with visual impairment, IP Australia offers a service to have documents provided in an accessible format. To request this service, contact the patent office by emailing [email protected] or by calling the general enquiries phone number.

Additionally, IP Australia provides a feedback form on their website for those who wish to provide feedback or lodge a complaint. This can be found on their 'Contact Us' page, along with a range of other contact options, including live chat and social media links.

It is important to note that IP Australia does not provide legal advice or conduct patent searches on behalf of individuals. Therefore, when contacting the patent office, ensure your enquiry relates to general information or services provided by IP Australia.

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Search online

Conducting a patent search online can be a complicated and time-consuming process. There are several ways to search for patents online, including IP Australia's AusPat database, the National Archives of Australia, and the State Library of Victoria.

The AusPat database includes Australian patents from 1904 onwards and is free to search, with full specifications. However, some early twentieth-century patents may not be available on AusPat, so it is recommended to also search the print or microfiche indexes to find the patent number and year. The State Library of Victoria holds print and microfiche copies of Australian patents from 1904 to 1999 and can assist with searching the indexes and requesting the relevant patent from storage.

The National Archives of Australia also holds microfiche copies of patents and has a searchable database for cRNA patents. The Archives' website allows for basic searches using terms such as the inventor's surname and the word "patent," as well as name searches using family and given names.

Additionally, online IP search databases can be used to look up the details of IP rights filed by others, including patent applications and grants. These databases can be Australian or international.

When conducting an online patent search, it is important to have as much information as possible, such as the geographic location, year, patent number, and invention type. It is also worth noting that patents in Australia last for 20 years if renewal fees are paid, so a patent infringement search may not be necessary for older products.

Frequently asked questions

You can search for patents in Australia by name, date, or keyword. The State Library of Victoria holds print and microfiche copies of Australian patents from 1904 to 1999. You can also search the National Archives of Australia website or IP Australia's online AusPat database.

If you don't know the patent number or year, you can search patent indexes or request a print copy from the relevant patent office. You can also ask a librarian for help.

If you can't find the patent online, you can contact the National Archives of Australia or the State Library of Victoria for assistance. You will need the date of application and the patent number for staff to retrieve the patent for you.

If you don't know the name of the inventor or applicant, you can search library catalogues for published guides to machinery or send an online enquiry to the State Library of Victoria.

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