patents

AUSTRALIAN PATENTS

A patent is a valuable piece of commercial property which prevents competitors from copying your invention.

A patent provides the patentee with the exclusive right to exploit an invention in Australia for the life of the patent in exchange for publicly disclosing the new idea in a patent specification.

Two types of patents are enforceable in Australia:

1. Standard Patents

• Novel – an invention is generally considered new or novel if, before the priority date, it has never been disclosed in any form, anywhere in the world;
• Inventive – an invention is generally considered inventive if it is not considered obvious by those with knowledge in the field of the invention;
• A method of manufacture – inventions must involve a method of manufacture.
  For example, inventions that constitute an artistic creation, mathematical model, plan, scheme, non-functional shape or other purely mental process is not patentable; and
• Industrially Applicable – inventions must be capable of being industrially applied.
  Standard patents are examined to ensure that each of these criteria is met. The varying stages of a patent from application to grant can be viewed in the patent flow chart.

2. Innovation Patents

Innovations patents carry a lower threshold test for patentability in that the invention claimed must be new and “innovative”, as opposed to “inventive”.

Innovation patents proceed directly through to grant, and examination may be requested by the Applicant or by a third party at any time throughout the 8-year life of the innovation patent.

An innovation patent is typically recommended for inventions considered below the threshold test for inventiveness, and which have minimal market life expectancy.

Contact us to discuss your patent application requirements.

As your patent attorney we are pleased to assist and support your patent application.