1. What is a Patent?
2. What can be patented?
3. How long does a Patent last?
4. What is required to get a patent?
5. What should you do if you have an invention/idea you believe may be patentable, and that you wish to protect?
6. What will it cost to get initial advice?

What is a Patent?

A granted patent is a monopoly right to exploit an invention for the term of the patent in the jurisdiction in which it is granted.Return to Top

What can be patented?

This varies from country to country. In Australia a patentable invention must relate to technical features, ie how “something functions” or the components (features) that make it function, and not aesthetic features. Things that are not patentable in Australia include artistic creations, mathematical models, plans, schemes or other purely mental processes. If you are unsure whether certain subject matter is patentable, please do not hesitate to contact us to discuss this with you. However, most importantly, in order to be patentable, an invention must be novel and inventive at the earliest date of filing the application.Return to Top

How long does a Patent last?

In most countries including Australia, a standard patent has a maximum term of twenty (20) years and up to twenty-five 25 years for pharmaceuticals. Some countries have shorter term patents. In Australia, the shorter term patent is referred to as an Innovation Patent (maximum eight year term), that has now replaced the earlier so-called Petty Patent (six year term).Return to Top

What is required to get a patent?

A complete patent specification must be filed. This specification must:

• describe the invention sufficiently to allow others to understand and implement it, including the best method known to the applicant of performing the invention,
• and include one or more claims which define the scope of the monopoly of the invention and are fairly based on the disclosure in the specification;

The person or company seeking grant of the patent must be the inventor or has entitlement from the inventor.

The complete patent specification must be filed with an application and a filing fee. In Australia, further steps including a request for examination must be attended to with payment of a fee. The patent specification must be examined and if acceptable may be accepted for grant. If during examination an Examiner’s report issues with objections, it is possible to respond by submitting argument and/or amendment to address the objection.

Initially a local applicant may choose to file a provisional patent application to establish a priority date (earliest filing date). This allows them to then file a standard complete specification in Australia and/or patent protection in overseas countries within 12 months.Return to Top

What should you do if you have an invention/idea you believe may be patentable, and that you wish to protect?

You should not publically disclose or offer for sale the invention, until you have consulted a patent attorney firm such as ours, to assess its prospects of patentability. Australia allows a disclosure “grace period” of 12 months prior to filing a complete application. This means that if you have recently disclosed your invention and not yet filed a patent application, there still may be a possibility of obtaining valid patent rights. If this is the case you should seek the assistance of a patent attorney firm such as ours, as soon as possible. We recommend the grace period should not generally be relied upon, and used only as fallback position.

If you have already filed a patent application that has not been professionally prepared, we recommend that you seek the advice of a patent attorney firm such as ours, prior to making non-confidential disclosure of the invention. We say this because there may be an opportunity to address any inadequacies in the application, prior to disclosing the invention.Return to Top

What will it cost to get initial advice?

Pappas IP offers a free consultation (of about half an hour) to discuss with you the prospects of obtaining patent protection and the procedures and costs involved.Return to Top