Intellectual Property Principles

For how long is a patent protected?

In Australia, the term of patent protection depends on the type of patent. The term of protection is measured from the priority date (i.e. the application date). 

Type of Patent

Length of patent protection

Standard Patent

20 years

Innovation Patent

8 years

Pharmaceutical Patents

Up to 25 years*

* Pharmaceutical patents do not automatically receive a 25-year term. Instead, the inventor can apply for an extension of the regular 20-year term in certain cases. Basically, an extension may be granted for up to 5 years if commercialisation of a patented pharmaceutical substance has been held up due to processes for regulatory approval. In Australia, pharmaceutical substances need to be included in the Australian Register of Therapeutic Goods before they can be sold, but this process can take time.

Consider the type of patent you might require. What is the length of patent protection you will have?