READ NEXT
How to apply for IP overseas
What to consider before applying for IP overseas, and how to navigate the international systems.
If you find something similar to your idea or invention in your target market, it can be tricky to secure IP protection. In some cases, if the invention or product is already publicly available somewhere in the world, you can't protect it with an IP right.
Your search should include:
- The internet, including Google Patents and social media
- IP search databases, both Australian and international.
Be sure to search as widely as possible. If the idea, invention or product has been published on a website, social media profile or even in an old blog, it may impact your ability to protect it.
-
Trade marks
-
Patents
-
Design rights
-
Plant breeder's rights
Trade marks
Before you apply for a trade mark, you'll need to search for any trade marks registered for similar goods and services in your target country.
You can search most databases by:
- Word
- Phrase
- Image
- Owner
- Classes of goods and services.
Search the Australian database
Get started by searching the Australian Trade Mark Search for registered and pending trade marks.
How to search trade marks Australian Trade Mark Search
Search your target country's database
You can search your target country's relevant IP databases for similar trade marks. You may wish to contact the local IP office for help if you have trouble finding or accessing the database.
Search the Global Brand Database
Use the Global Brand Database, which is supported by more than 70 countries and international bodies, to search text or images in brand data from multiple sources, including:
- Trade marks
- Appellations of origin
- Official emblems.
Search Madrid Monitor
Madrid Monitor allows you to access details of international applications and registrations made through the Madrid System. It contains over 45 million trade marks filed from more than 100 member countries. You can search by:
- Words
- Numbers
- Dates
- Countries
- Classes.
Search TMview
TMview contains trade marks from across the European Union and parts of Africa, Asia, America and Oceania. You can search by:
- Word
- Numbers
- Dates
- Countries
- Classes.
Patents
You'll need to make sure that your patent is new and inventive before you apply for protection.
You can search most databases by:
- Title
- Abstract
- Applicant
- Inventor
- Priority date.
Search the Australian Patent Search database
You can search the Australian Patent Search for patent applications and grants filed here in Australia.
How to search patents Australian Patent Search
Search your target country's database
You can search your target country's relevant IP databases for similar patents. You may wish to contact the local IP office for help if you have trouble finding or accessing the database.
Search Patentscope
Patentscope contains over 105 million patent results, including details of four million international applications made through the Patent Cooperation System (PCT). You can search by:
- Title
- Abstract
- Name
- Filing date.
Get an international-type search
As an international search authority, we can conduct an expert search of prior art documents around the world. This is known as an international-type search.
Total cost: $1100
Great for:
- Anyone planning to protect a patent overseas.
How it works:
- We search the claims of your provisional application or the subject matter you provide
- Our search is at the same level of detail as examining PCT applications, so you'll have comprehensive results
- You'll receive a report identifying any inventions similar to yours within six weeks
- You'll receive a patent analytics report that provides key insights into technology trends and activity.
Key things to know:
- Can be requested once you've filed a provisional application with us. We'd suggest you make the request no later than 10 months after filing your provisional application. This gives you enough time to consider the results before deciding whether to file an application
- You may be entitled to a partial refund of the search cost if you go on to file a PCT application based on your provisional.
Design rights
Your design must be new and distinctive in the market. You'll need to search for any publicly shared designs to see if there are any similar to yours.
Your search shouldn't be limited to IP databases — you'll need to search the internet and social media for anything similar to your design.
You can search most databases by:
- Image
- Product name
- Classification
- Number
- Owner.
In addition to design databases, you can also check trade mark and patent databases for images. Any similar results could be relevant even if they're not registered as a design right.
Search the Australian database
The Australian Design Search is a good place to start your search. You can find design applications and registrations filed in Australia.
How to search design rights Australian Design Search
Search your target country's database
Search your target country's design database for applications and registrations currently protected in the market. You may wish to contact the local IP office for help if you have trouble finding or accessing the database.
Search the Global Design Database
The Global Design Database is a worldwide collection of designs data, made up of Hague registrations and designs from participating offices. You can search by:
- Description
- Name
- Applicant
- Dates
- Country.
Search DesignView
DesignView allows you to search designs from across the European Union and parts of Africa, Asia, America and Oceania. You can search by:
- Name
- Number
- Designer
- Locarno classification
- Filing date
- Country.
Plant breeder's rights
Check if your plant variety is new to the market before you apply to protect it.
You can search most databases by:
- Common name
- Genus
- Species
- Title holder
- Timeframe.
You can also use the internet to search for similar varieties.
Search the Australian database
The Australian Plant Breeder's Rights database contains details of pending and existing plant breeder's rights filed in Australia.
How to search plant breeder's rights Australian Plant Breeder's Rights Search
Search your target country's database
Search for the published variety description in your target country's database. You may wish to contact the local IP office or relevant authority for help if you have trouble finding or accessing the database.
Search the PLUTO Plant Variety database
The PLUTO Plant Variety database provides name results for plant varieties protected by members of the International Union for the Protection of New Varieties of Plants (UPOV) and other international organisations. You'll need a user account to access PLUTO.
Conduct a trade mark search
You'll need to check that the proposed name of your variety hasn't already been registered as a trade mark. Be sure to search trade marks protected in classes relevant to plant varieties, such as Class 31 in Australia.
Conducting your own search will give you an idea of what IP rights already exist. However, it can be complex and time consuming to search the internet and all relevant databases for your idea or invention.
We recommend engaging an IP attorney to help you. The cost of their services will depend on the complexity of the search and time involved.
Engage an IP professional