A patent is a registered agreement between an inventor and a country.
- A Patent allows you the legal protection for your invention.
- Only you, the patent owner, can use, manufacture or sell your invention or consent to others doing so, by way of a licence or franchise.
- Your invention must be new or novel and useful – indeed it must work and it must have a practical purpose.
You must get the correct legal advice before telling anyone of your idea or you may lose the right to register it as a patent.
Why Should I Get A Patent?
- A patent will protect your invention and prevent others trying to patent your invention.
- If someone else lodges your idea as patent before you, then they can seek damages against you even if you are the true inventor. If another person patents it before you then they can sue you.
- A patent is your Intellectual property and has value that can be sold or licensed.
- Without patenting your idea, you could lose out.
Are There Different Types of Patent In Australia?
There are two types – a standard patent and an innovation patent.
Standard patents offer the full allowable protection. Innovation patents offer a shorter period of protection.
A Standard Patent – Valid for 20 years and protects inventions and your application undergoes a substantial examination process before grant.
An Innovation Patent – Valid for 8 years and protects innovations or less complex inventions. Does not automatically undergo substantial examination before grant.
What Can I Do If I Have Just Made Improvements to An Established Product?
No-one is going to re-invent the wheel. So, most inventions are just improvements or additions to what is already out there.
What Comes Next?
At this stage it is best to see professional advice. Call our office for a confidential appointment.
We work with you and our team of Patent Attorneys to determine the best course of action. If that means applying for a patent, then a patent specification will be prepared based on your descriptions, drawings and photographs.
A patent specification is a complex document and should only be prepared by the most experienced Patent Attorneys.
Phone or email us to set up an initial consultation with us.
Consultations cost $125 (including GST) for 30 minutes.
Having been around for over 20 years, we understand that you may have lots of questions. Our aim is to assist you in minimizing the time & money you spend in protecting your invention and trying to achieve market entry.