Introduction

5.1 This chapter provides an overview of the domestic legal framework of the Australian patent system. It outlines the relevant legislation and institutions that comprise the system and focuses on procedural aspects of patent law and practice. The chapter considers the different types of patent protection, the procedure for obtaining a patent, the rights conferred by a patent, and the duration of patent rights.

5.2 Other chapters in this Report address substantive aspects of Australian patent law and the application of these principles to inventions involving genetic materials and technologies. The requirements that must be satisfied to obtain a patent, and the limitations on the availability of patent protection for certain types of inventions, are considered in Chapters 6 and 7. Chapters 9, 10 and 22 outline the law relating to challenging, enforcing and licensing patent rights. Later chapters examine other Commonwealth legislation that may impact on patent practices, in particular the Trade Practices Act 1974 (Cth).^[1]