| What does a patent protect?
A patent provides protection for an invention. An invention is not an idea or a concept but is rather one or more features of a product or process which are new, which incorporate the new idea or concept, which provide a significant advantage over known products or processes, and which are not obvious to others skilled in the field of the product or process (eg a new product, an improved machine, a new chemical composition, a method of treatment, a chemical process).
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Protection is for inventions, not for aesthetic products or ideas. |
When is patent protection appropriate?
Patent protection should be sought when a new product or process has been created, or when modifications have been made to a product or a process which will provide the manufacturer of that product or the user of that process with a marketing advantage over its competitors.
The degree of variation required to avoid infringement of a patent is very dependent upon the relative novelty of the invention at the time of filing the patent application. It is not a matter of merely changing a nut and bolt to avoid infringement.
| When should I file a patent application?
A patent application should be filed before any particulars of the invention are publicly known or are made available publicly. Once the invention is known in Australia by another person in a non- confidential manner, valid patent protection is no longer available in Australia, at least. Commercial dealings in the invention can also be enough to destroy the novelty of an invention.
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Keep it secret until you've
filed a patent application. |
| Who is entitled to apply for a patent?
The inventor, or the person who has acquired the rights in the invention from the inventor. If the invention was conceived and developed by the inventor as an employee, the rights to the invention may pass to the employer.
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Inventor's rights. |
Am I entitled to apply for a patent for an article or process I have seen
overseas and which has not yet been made available in Australia?
No, unless you have acquired the rights in the invention from the inventor.
How long will it take for a patent application to issue as a patent?
- In the case of a standard patent, usually two to four years. However, the period can be shortened considerably if required.
- In the case of an innovation patent, 1 to 3 months.
How long does a patent last?
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The life of a standard patent is twenty years from the date of filing of the complete application, provided renewal fees are paid yearly.
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The life of an innovation patent is eight years from the date of filing of the complete application.
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Enjoy the fruits of your labours. |
Can I extend the term of patent protection beyond twenty years for a standard patent or eight years for an innovation patent?
Not for innovation patents. However, standard patents with at least one claim directed to a "pharmaceutical substance" may be extended by up to 5 years. The length of the extension is dependent upon the time taken after the date of the patent to obtain marketing approval in Australia.
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