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Patenting an Invention


When it comes to protecting your innovations, patents are a crucial tool. Allied Legal's commercial lawyers regularly assist clients with such issues.  They provide legal protection for a range of inventions including devices, substances, methods, and processes, ensuring that your creativity and hard work are safeguarded. Understanding what patents cover, how they work, and the process of obtaining one is essential for any inventor.

Connect with us at Allied Legal on 03 8691 3111 or drop us an email at hello@alliedlegal.com.au to discuss your eligibility for a patent.

What are Patents?

A patent is a form of intellectual property that protects new inventions. This can include a variety of things such as computer-related and biological inventions, living organisms, plant varieties, and more. To be eligible for a patent, your invention must be:

New: It should be novel, not something that already exists.

Useful: It should have a practical application in an industry.

Inventive: It must be a significant improvement on existing products or methods.

A Manner of Manufacture: It should fall under the category of 'manner of manufacture', a specific criterion in patent law.

Cost and Duration

The initial cost for filing a provisional patent starts at $110. In addition to this filling fee there will be legal fees which can vary greatly.

The registration process can take anywhere from 6 months to several years. A standard patent lasts up to 20 years, or 25 years for pharmaceutical patents, provided renewal fees are paid.

The Patent Process

  1. Search Existing Patents - Before applying, it’s crucial to search existing patents to ensure your invention is unique
  2. Apply Online - You can apply for a patent online. This includes provisional applications and standard patent applications.
  3. Examination and Opposition - After applying, your patent will be examined. You may need to respond to an examination report or opposition claims.

Why Patent Your Idea?

A patent grants you exclusive commercial rights, the freedom to license your invention, and legal protection against unauthorised use in the market. It's a powerful tool for maintaining a competitive edge and monetising your invention.

Common Myths Debunked

  • Protection: A provisional patent doesn’t protect your invention; it merely signals your intent to file a standard patent.
  • Similar Inventions: Even if there are similar inventions, your unique improvements may still be patentable.
  • Big Companies: Having a patent can deter larger companies from infringing on your invention and provides leverage in negotiations.
  • Worldwide Protection: There’s no worldwide patent; patents must be applied for in each country.
  • Patent Attorneys: They are bound by ethical codes, reducing the risk of them stealing your idea.
  • Patent Police: It's your responsibility to monitor and enforce your patent rights.
  • Profitability: A patent alone doesn’t guarantee financial success; it needs to be commercialised effectively.

Patenting an invention involves a detailed process, from ensuring your invention is unique to navigating the application procedure and understanding the associated costs and timeframes. It's a journey that requires careful planning and sometimes the assistance of legal professionals. However, the protection and competitive advantage it offers make patenting an essential step for any serious inventor.

Connect with Allied Legal's Commercial Lawyers

Speak to Allied legal's commercial lawyers should you seek help with any of the issues raised in this article.  

Connect with us at Allied Legal on 03 8691 3111 or drop us an email at hello@alliedlegal.com.au to find out more about patenting your invention.

*The insights presented in this article are derived from ‘How to Apply for a Standard Patent?’ published to IP Australia.

 


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