If you think an invention isn't patentable, you can submit information you think we need to consider before a patent is granted or certified. Under sections 27 and 28 of the Patents Act 1990, you may provide the Commissioner of Patents at IP Australia information showing that an invention is not new (novel) or doesn't involve an inventive (or innovative) step.

Section 27 of the Patents Act allows you to give IP Australia a notice setting out reasons why you think an invention in a standard patent application isn't novel or doesn't involve an inventive step. To be considered, the reasons and any supporting documentation must be filed before the date 3 months after a notice of acceptance of the application is published.

Section 28 allows you to provide a notice with reasons why an innovation patent is invalid because the invention isn't novel or doesn't involve an innovative step. The reasons and any supporting documentation must be filed before the innovation patent is certified.

To submit information under section 27 and section 28, file a 'Submit material relating to a validity notice' request through our online services. Alternatively, you can email us your submission to MDB_OMW@ipaustralia.gov.au. Please include:

• Your contact information (optional)
• Application number of the patent for which you are submitting notice
• Why you think the invention is not novel and/or inventive or innovative
• Any supporting documentation including hyperlinks, citations, journals, magazines, and patents. Please ensure all your attachments are in PDF format only. Send us only attachments that you have copyrights on or explicit permission from the copyright owner.