There are many common misconceptions about patenting goods in Australia today. People have a way of misunderstanding even the most basic facts – what items you can patent, what you can't and why. For example, some are under the impression that patents are only applicable to retail goods such as electronics, toys and clothing and accessories; in reality, the definition is much broader.
It's good to expand your mind and consider all the ways a patent could benefit you.
Some products are patentable not because they're being sold in stores every day, but more because they're relevant behind the scenes. For example, what if you've come out with a new design for a piece of equipment to be used in science labs or other academic settings? You might need a patent for this too. It's good to expand your mind and consider all the ways a patent could benefit you.
Lots of things can be patented in Australia
When you take a closer look at patent law in Australia, it becomes clear that patenting isn't just for mainstream goods that people can buy in stores. According to the Australian Law Reform Commission, there are also provisions in place for patenting genetic materials and technologies. If you have a new product in this industry that hasn't yet been patented, the time might be right to secure control of your IP now.
The Australian patent rules have a separate section devoted to the "useful arts" rather than the "fine arts." Any scientific or technological product deemed to provide users with a "material advantage" is a prime candidate for a patent today.
Is a patent the right decision for you?
Of course, just because a patent is possible for you under intellectual property law in Australia doesn't necessarily mean that getting one is a good idea. IP Australia cautions that before you get a patent, you should have a clear plan in place for commercialising your product. This way, you can be assured to make enough money that a patent is worth it.
Applying for a patent is not free. The registration process costs money, and filling out all that paperwork is an investment of your time and money. If what you stand to gain commercially outweighs that investment, then by all means, pursue a patent.
Get the full range of IP protection services
If and when you decide to protect your IP – be it scientific, technological or otherwise – you'll need a lawyer. That's why it makes sense to turn to Alder IP, as we have a staff of patent lawyers in Sydney who can provide a full suite of services involving patents, copyrights, trade marks, design protections and more.
To get a patent, or just to hear some useful advice about the process in general, get in touch with our team today. We'll be ready with whatever guidance you may need.