Patents 101 – A Quick & Dirty Guide for SMEs

Got an Idea? Protect It!

Step 1: Check If It’s Already Out There

💥 If someone else got there first, it's game over.** Before you even think about patents, make sure no one else has had the same idea. This is called a prior art search (aka novelty search).

✔ Google it.

✔ Scroll through TikTok (seriously—if it’s public, it can’t be patented).

✔ Use SimpleIP – we do a quick scan of global patents to flag crowded spaces early.

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Step 2: File a Provisional Patent (aka a 12-Month Placeholder)

🚨 A provisional patent is NOT enforceable.

✔ It doesn’t protect your idea.

✔ It isn’t reviewed or approved.

✔ It’s just a timestamp—saying you had the idea on this date.

💡 Pro tip: Use this 12 months to test your idea—shout about it, see if there’s demand, and check if anyone challenges it.

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Step 3: Decide Where to Protect It

✔ Want global protection? File a PCT patent - gives you 18 more months to pick countries.

✔ Just protecting it at home? Skip PCT and go straight to filing in your country (step 5).

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Step 4: PCT Patent – Extending Your Options

🚨 Still NOT enforceable (yet).

✔ Just keeps your international options open.

✔ Covers 155 countries under the PCT.

✔ Triggers an International Search Report (ISR) to check novelty.

🕒 At the 30-month mark (12-month provisional + 18-month PCT), you must choose where to file.

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Step 5: National Phase – Filing Country by Country

🚨 Still not enforceable.

✔ File in each target country by ~30 months.

✔ Costs hit hard: agents, translations, filing fees.

💸 Expect AUD 5–15k per major market.

💸 More countries = more cash + more admin.

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Step 6: National Grant – Now You Can Enforce

✅ Only granted patents have teeth.

✔ Each country examines for novelty/inventiveness.

✔ Once granted/registered, it’s enforceable.

💸 Ongoing costs: examiner reports, legal back-and-forth, annual renewals.

💸 Renewal fees vary: US a few hundred; EU/Japan up to AUD 2k+/year.

💀 Miss a renewal? Patent lapses.

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🔹 Ready to run your first check? SimpleIP was built for exactly this.

Patent Expiry Dates by Jurisdiction

Standard patent terms across major jurisdictions:

Jurisdiction	Standard Term	Extensions
Australia (AU)	20 years from filing	Up to 25 years for pharmaceuticals
United States (US)	20 years from earliest filing date	Possible extensions for regulatory delays
European Patent (EP)	20 years from filing	Up to 5 years for pharmaceuticals (SPC)
Japan (JP)	20 years from filing	Up to 5 years for regulatory delays
China (CN)	20 years for invention patents	-

Important Notes:

• Terms are generally counted from the filing date of the patent application.

• Maintenance or renewal fees must be paid to keep patents in force.

• Some jurisdictions offer different terms for different types of patents (e.g., utility vs. design patents).

  
  

  ** If you were the one who disclosed it, some jurisdictions still allow you to apply for a patent—but not in the EU!

  • United States, Canada, Australia, Japan: Typically offer a 12-month grace period where you can still file after public disclosure.

  • Europe (EP): No grace period! Public disclosure before filing = no patent.

  • Warning: Using the grace period is risky. If someone else files first or the disclosure is considered prior art, it can complicate or block your application. Best practice? File a provisional patent before disclosing anything!