0402519010

+61 2 8091 3429

What patent services do you offer?

  • Patentability advice

  • Patent searches

  • Preparing and filing patent applications 

  • Prosecution of patent applications

  • Patent litigation

  • Patent oppositions

  • Patent dispute resolution

  • Patent renewals 

What is a patent?

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.

Why should I get a patent?

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.

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

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?

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.  

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.

What happens if my patent is infringed?

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.

What is the process for getting a patent?

The process for patenting an invention is as follows:

Discuss your invention with us

Conduct a Prior art search yourself, or assign the job to an attorney for about $3,500 to $10,000

Get the Patents Office to conduct a search based on the prov for about $2,500

Provisional Patent Application ("prov") for about $3,000 to $7,000

Standard Patent application for about $2800 to $6500

+ 6 months

Publication of the application

Direction to request examination

+ 2 months

Request examination for about $1200

+ 9 months

Examination

Correspond with Examiner

$660-$3000

Application accepted

Innovation Patent application

+ 2 months

Grant and publication

Optional request for examination for $1200

+ 2 months

Correspond with Examiner

$660-$3000

+ 6 months

If the patent is certified it becomes enforceable

Annual renewal

fees commencing 2 years from filing

Expiry 

8 years from filing

Advertisement for oppositions

+ 2 months

Application granted

$960

Foreign national patent applications

Australia: $1800

New Zealand: $1900
USA: $6000-$7000
Japan: $7500-$9000
Europe: $14000-$18000
Other English language countries:
$4000-$6000 each
Other non-English
language countries:
$5000-$10000 each

Examination.
Prosecution costs vary by country.
Budget around
$2500 to $8000 per country on average

Grant of Patent.
Variable costs –$600-$5000
per country
European validations (after grant) - $1200 to $10000 per country

International Search Report issues

$400-$1000

Make amendments

if necessary

$500-$1600

Preliminary Examination

$1500

Considering & responding to Written Option
(if necessary)
$350-$2500

Renewal.
Variable costs & variable periods. Budget $700-$2000 per country per year
initially

Expiry

20 years from filing

Annual renewal

4th year: $605 
19th year: $1715

Expiry 

20 years from filing

Next steps

For more information and to see whether your idea is patentable, please do not hesitate to contact Steve Davey on 0402519010 or steve.davey@stellariplaw.com.