Patents, grace periods and revocation – how does it all work?

The registration of a patent entitles the owner to protection of their invention under the provisions of the Patents Act 1990 (Cth) (Act).  In order to qualify for these protections, the invention must pass the tests for patentability set out in the Act.  Part of these tests require that the invention must be new, with the Act distinguishing between patents based on their ‘inventiveness’ or ‘newness’; between standard patents and innovation patents.  Regardless of this distinction, a patent will not be granted where the invention is known to the public through prior use or disclosure of the invention.  In this article, we consider the implication of disclosure of an invention prior to application and the effect of the ‘grace periods’ on revocation. [Read more…]

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