Patents are an excellent way of protecting your invention. Patents are a form of intellectual property that grant the inventor of an invention the exclusive right to make, use, sell, or import the invention for a certain period of time, typically for up to 20 years from the date of original filing date. Patent protection can provide inventors with a number of important benefits, including:
Overall, patent protection can provide inventors with a number of important benefits. If you have an invention that is novel, useful, and non-obvious, you should consider filing for a patent to protect your rights and reap the benefits of patent ownership.
Patent applications in Australia will fall into one of two main categories, either provisional, or standard patents.
Provisional patent applications have a very limited lifespan and are useful where your product is undergoing development at the time of filing and usually used as a stepping stone for future complete applications. Provisional patent applications are very flexible and provide flexible options for including improvements to the disclosure.
A standard patent can be used as the basis for a patent infringement case in federal court (once it is granted). They can last up to 20 years.
Alder IP provides guidance on these standard patent applications to ensure they are the best option for your idea. Choosing to pursue these processes on your own could jeopardise the future of your innovation and affect your ability to get the maximum amount of protection if it is incorrectly categorised.
Standard patents have limited options for amendments and updates. It is important that the standard patent include at least one feature that is novel and inventive. Also the specification needs to include a detailed description of the invention.
The first question you should ask yourself when considering patent application reads ‘is my idea new and inventive?’ Alder IP can work with you to develop a provisional patent application.
New essentially means that the invention includes at least one feature that has never been disclosed before in combination with the other features of the invention.
Inventive means that new feature is not an obvious improvement to a person skilled in this area of expertise.
Typically, once the standard patent application is filed in Australia, the patent owner will have to request examination. The patent office then examines the patent application to check whether the claims and disclosure meet the requirements of the Patents Act. If the examiner approves, the application is published for public opposition and then registered or granted.
We strive to find the best fit for intellectual property and match it to your business goals and milestones.
Principal and Founder
Specialists in Patent and Trademark Law