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What are my rights as a patent holder?

The maximum duration of your patent will be 20 years (for a standard patent) or 8 years (for an innovation patent), from the application filing date.

After your patent is first granted, it will be subject to payment of annual renewal fees.

Your rights as a patent holder include the right:

  1. to obtain a court order to stop a competitor unlawfully using (infringing) your patent (this kind of order is called an injunction)
  2. to grant a licence to another person (e.g. in other parts of Australia, in other industries, or in other countries) to exploit your patent commercially, in return for licence fees, royalties, or other payments
  3. to sell your patent
  4. to gift your patent in your will
  5. to mark your product and its packaging as being patented (someone who does so without having a patent commits an offence).

If you have applied for a patent, and the application is pending, you are also entitled to mark your product, and its packaging, to indicate that a patent is pending (e.g. 'patent pending'). Again, someone who does so without having a patent commits an offence.