Australian Patent Search: AusPat, Tools & Expert Guidance

What Is AusPat and How Does It Work?

Compared with many other countries, a patent search in Australia is relatively straightforward because IP Australia offers a sophisticated patent database and patent search system to the general public – called AusPat. AusPat is free to use and covers Australian patent records right back to 1904. Each record links through to bibliographic details, the published specification and, for more recent cases, an eDossier showing the correspondence between the applicant and IP Australia.

Step-by-Step: How to Search AusPat

AusPat offers three search modes – Quick Search, Structured Search and Advanced Search. A basic search typically proceeds as follows:

1. Open AusPat at pericles.ipaustralia.gov.au/ols/auspat.
2. Start with Quick Search for a simple keyword or number query, or switch to Structured Search to combine specific fields such as title, abstract, applicant name, inventor name, application number and patent classification.
3. Enter keywords that describe the technology, and try synonyms and alternative spellings – patent specifications often use unusual or deliberately broad terminology.
4. Review the results list, open promising records and read the abstract and claims to judge relevance.
5. Check the status information for each relevant record to see whether it is a pending application, a granted patent that is in force, or a right that has ceased or expired.
6. For records of interest, open the available documents to view the full specification and prosecution history.

Boolean Operators, Wildcards & Classification Searching

Like most patent databases, AusPat supports combining search terms with Boolean operators (AND, OR, NOT) and using wildcard characters to truncate words so that variants such as “connect”, “connector” and “connection” are captured in one query. Another powerful technique is classification searching: every patent document is assigned International Patent Classification (IPC) and CPC codes for its technology area. Browsing the classification hierarchy to find the classes relevant to your invention, and then searching within those classes, will often surface documents that keyword searching alone would miss.

Free Patent Search Tools: AusPat, Espacenet, Google Patents & Lens

AusPat only covers Australian records, so a thorough search usually combines several free tools:

1. AusPat– the authoritative source for Australian applications and granted patents, including status and prosecution history.
2. Espacenet(European Patent Office) – a very large worldwide collection, strong for finding international equivalents of a document via patent family links.
3. Google Patents– fast, broad full-text searching across many jurisdictions, with machine translations of foreign-language documents.
4. Lens.org– an open-access platform that links patent data with scholarly literature, useful for technology landscaping.

Each tool has different coverage, indexing and search syntax, which is why professional searchers cross-check results across more than one database.

Types of Patent Search Explained: Patentability, FTO & Invalidity

Different commercial questions call for different searches:

1. Patentability (novelty) search– asks whether your invention is new and inventive over everything published worldwide. Typically commissioned before filing, or via an international-type search on your provisional application.
2. Freedom-to-operate (FTO) search– asks whether making or selling your product in a particular country would infringe someone else's in-force patent rights. See our freedom-to-operate search page.
3. Invalidity search– hunts for prior art that may affect the validity of a specific granted patent, usually in the context of a dispute or opposition.

Australian Patent Search Methods

Australian patent searches can be carried out by patent number, applicant name, inventor name and many other more sophisticated methodologies. Generally speaking, if you need to find a patent or patent application on the basis of a name, it is best to have an Australian patent attorney carry out your Australian patent search because a few strategies need to be applied to identify the right entity and not miss relevant search results.

Limitations of Australian Patent Searches

If you are trying to determine whether your new idea is patentable in Australia, ironically, an Australian patent search is probably not going to give you the correct answer. The reason for this is that for a new idea to be patentable, it must be novel in light of all published documents worldwide, and not just in Australia.

Coverage of very old records is also less complete: while AusPat indexes Australian patents back to 1904, some early specifications and historical files are not fully digitised, and copies of older documents may need to be requested from IP Australia or located through the National Archives of Australia.

Understanding Patent Status and Document History

An AusPat record shows the current status of each right – for example whether an application is still pending, has been accepted or granted, or has ceased, expired or lapsed. Published documents also carry kind codes that distinguish a published application from a granted patent. For rights that matter to your commercial decisions, the eDossier is particularly valuable: it reveals the examination reports, amendments and correspondence that shaped the scope of the granted claims. Interpreting status and claim scope correctly is an area where an attorney's review adds significant value.

Innovation Patent Phase-Out: What It Means for Your Search

Australia's innovation patent system was phased out for new filings from 26 August 2021. Innovation patents filed before that date continue until their term ends, so your search results may still include in-force innovation patents for some time. When reviewing results, keep in mind that innovation patents have a shorter maximum term than standard patents and were examined only if certification was requested.

Worldwide & Patent Family Searching

For comprehensive patent searches that can determine patentability, you need a worldwide search that covers international patent databases. Learn more about worldwide novelty patent searches.

A related technique is patent family searching: because the same invention is often protected in multiple countries, family links in databases such as Espacenet and Google Patents let you jump from an Australian document to its overseas equivalents – useful for seeing where a competitor has sought protection and how their claims fared in other patent offices.

Patent Monitoring & Watch Services

A search is a snapshot; new applications are published every week. If a competitor's filings or a particular technology area matter to your business, an ongoing patent watch can alert you to newly published applications, status changes and grants so that you can respond early – for example by filing an opposition or adjusting your product development. Baxter IP can establish and manage tailored monitoring for you.

How Much Does a Professional Patent Search Cost?

The cost of a professional search depends on its type and scope – a preliminary patentability search over a single invention is a smaller exercise than a comprehensive freedom-to-operate review across multiple markets, and your attorney will quote before starting. Official charges for IP Australia's own services are published on its patent timeframes and fees page, and our patent costs overview explains how searching fits into the budget for the wider patent process.

When to Engage an Australian Patent Attorney

Free tools make DIY searching a sensible first step, but a patent attorney applies strategies a DIY search will usually miss – entity name variants and assignee history, classification-based queries, divisional and continuation chains, and a legally-informed reading of claim scope. If your search results will drive a real decision – whether to file, launch, license or challenge – speak with one of our patent attorneys or meet the Baxter IP team to have the search done, and interpreted, properly.