IP Australia - Statutory Basis

Statutory Basis

The legal basis for the Australian patent system is Section 51 of the Constitution of Australia, wherein the powers of the Australian Government are defined. It states, in part;

"Section 51. The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: …

(xviii.) Copyrights, patents of inventions and designs, and trade marks:"

The current legislation is the Patents Act 1990 and Patents Regulations 1991.