If you have a great new idea for an invention, it's important to get it patented. Taking this step will ensure that you have total control of your intellectual property and no one can infringe on it. As long as your new product is innovative and novel compared to what's on the market today, you should be eligible for a patent.
What if someone objects to your request to get a patent? What if they insist that your idea isn't so novel after all?
This raises a key question, though. What if someone objects to your request to get a patent? What if they insist that your idea isn't so novel after all? This could lead to a messy legal dispute, which could jeopardise your ability to patent your idea and begin making money from it.
Avoiding patent disputes well in advance
The best way to avoid disputes over patent law in Australia is to think ahead – in other words, don't try to patent something you think might be infringing on someone else's territory. According to IP Australia, it can be a tremendous waste of time and money if you make the mistake of trying to replicate something that's already been patented.
Of course, it can be tough to figure out whether this is the case. Australia has extensive databases of existing patents, and it can be time-consuming to sift through them all and look for products that match yours. It's worth the effort to do this, though, as it can save you a great deal of agony later.
How a challenge to patent rights works
If someone thinks you're infringing on their rights under intellectual property law in Australia, there's a well-established process by which they can legally challenge you. The Australian Law Reform Commission notes that any person can intervene in a patent application if they assert that someone's invention is not novel or innovative enough.
If and when this happens, the Commissioner of Patents must then notify the applicant, and a lengthy mediation process may then follow. This sort of conflict is to be avoided if at all possible.
Apply for the IP protection you desire
In an ideal world, everyone would get along, and no one would have to fight over intellectual property. However, since the real world isn't always ideal, it helps to have patent lawyers in Sydney by your side who are ready to fight your IP battles for you when necessary.
If you have a dispute over a patent you need to resolve, reach out to us at Alder IP today. We'll supply you with all the resources you need to figure your issues out.