What patent services do you offer?

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• Patentability advice

• Patent searches

• Preparing and filing patent applications 

• Prosecution of patent applications

• Patent litigation

• Patent oppositions

• Patent dispute resolution

• Patent renewals 

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What is a patent?

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A patent is a right awarded by the government to stop others from making, selling, using or importing your invention without your permission for as long as the patent remains in force in the territory of the patent. 

 

A patent is not necessarily a right to use a particular technology - a prior patent could cover that.  Usually prior patents of interest are identified by a search or during patent examination.

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Why should I get a patent?

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The term "patented" or "patent pending" provides a substantial marketing advantage.  It makes your potential customers think that your product or process is unique, innovative and has features that can't be obtained elsewhere.

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You can put a "patent pending" or "patented" warning on your products and advertising as a "keep of the grass sign" for your competitors.  

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Many investors will want to see that you have filed a patent application to claim ownership of your idea.  An investor will want to be able to recoup their investment by stopping competitors.  Many investors will not be willing to sign confidentiality agreements and prefer that you rely on a patent application.  Most investors will not regard you as commercially savvy and a worthy business partner if you have not filed a patent application.

 

Many government grant programs will require to have a patent application as a prerequisite.
 

Can I still get a patent if I've already publicised my invention?

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The short answer is 'yes' - but, it depends on: (1) how long ago you publicly disclosed your invention and (2) the countries in which you seek rights. 

 

Patents are only granted for new inventions.  A prior disclosure (without a confidentiality agreement) means that the invention is no longer new.  However, most countries have "grace" provisions in their laws, so that you will be forgiven for making a public disclosure of your invention before filing a patent application.  The deadline to file a patent application under the grace provisions varies from country to country.

 

In Australia, you will be forgiven for publicly disclosing your invention if you file a complete patent application (an innovation patent application, standard patent application or an international patent application) within 12 months of the first public disclosure.  

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Nevertheless, where reliance is made on the grace period, the rights granted upon issue of a patent may be limited.  For example, a person who uses your invention before the filing date of your complete patent application may be entitled to continue using your invention.

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What happens if my patent is infringed?

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We can provide you with advice regarding your prospects of success against your opponent.  We can send your opponent a cease and desist notice.  If negotiations fail, we can initiate litigation (court proceedings) to seek an injunction to stop your opponent from infringing your patent, and obtain an account of their profits and seek some reimbursement for your legal costs.

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What is the process for getting a patent?

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The process for patenting an invention is as follows: