Frequently Asked Questions
What is a Patent and why do I need one?
A patent is a legal right that gives you, as the owner, exclusive control over how your invention is used, made, and sold. It protects an invention that is new, useful, and innovative.
In Australia, patents are managed by IP Australia and typically cover products, processes, or technologies that solve a specific problem in a unique way. A patent stops others from copying, making, or selling your invention without your permission, giving you a competitive edge.
Are there different types of Patents?
There are various types of patents designed for different commercial needs. Each type has its own structure and features. The type of patent you choose depends on factors like the nature of your invention, your business goals, and whether you need protection locally or internationally. We recommend consulting with us to find the option that best fits your specific requirements.
What can and cannot be patented?
In Australia, patent protection is available for inventions that meet specific criteria under the Patents Act 1990 (Cth). The invention must be new and inventive (not obvious) and have practical commercial use as a product, process, or composition of matter. Some examples include pharmaceuticals, devices, chemical compounds, and software processes.
Things that cannot be patented in Australia include abstract ideas or theories, natural phenomena, humans or biological processes, business models, artistic works, illegal or immoral inventions, and standalone software without tangible technical improvement.
What does ‘patent pending’ mean?
In Australia, "patent pending" means that a patent application has been filed with IP Australia, but the patent has not yet been granted. This status indicates that the inventor is seeking patent protection, but the invention has not undergone the full examination process required for a patent to be approved.
The term serves as a warning to competitors that the applicant intends to secure exclusive rights over the invention to deter copycats. It also bolsters market confidence, showing potential investors, partners or customers that the inventor is taking steps to secure their intellectual property. However, no legal rights are granted until the patent is approved. If the application is rejected or abandoned, no rights exist.
What is a Provisional Application?
Filing a provisional application (a lower-cost initial step to secure a priority date) can allow inventors to use "patent pending" while finalising a full patent application. It will last for 12 months after filing. If continued patent protection is required, then filing of a full application must be undertaken before the provisional application expires.
How can a patent attorney help me?
A qualified patent attorney can help guide you through the patent process to ensure you are getting a patent that adequately protects your invention. This includes, assessing patentability, preparing, and filing applications, navigating legal processes, protecting your patent from infringement, advise on international protection and strategic IP portfolio management. They can also ensure you avoid costly mistakes. Their assistance makes the patent process smoother, more efficient, and more likely to succeed.
Do I need a Non-Disclosure Agreement (NDA) with my attorney?
No, you do not need a Non-Disclosure Agreement (NDA) with your patent attorney before discussing your invention. Patent attorneys must follow a strict code of conduct and are legally bound by the Trans-Tasman IP Attorneys Board to keep all client information confidential. However, you may need an NDA when discussing your invention with any other third party or service providers, such as investors, manufacturers, or prototyping companies.