Are you searching for a legal firm that offers reliable and efficient patent lawyer services in Sydney, Melbourne, Gold Coast, Brisbane, Perth, Adelaide, Darwin or Hobart? You can contact Australian Patent and Trademark Services to meet your patent needs in the best possible way.
Our team comprises of vastly experienced Patent Attorneys who specialise in patent law, and they protect your patent interests with utmost accountability.
Our patent lawyer services will meet your expectations in a perfect way.
Although our patent lawyer services are of highest quality, we don’t charge high prices. You can find our patent services extremely affordable. We offer various types of patent registration packages to meet the varying needs of a large number of clients.
You can expect responsible time frames with our patent lawyer solutions. Our patent lawyer professionals deliver the best outcome in a timely manner. There are no hidden costs involved and you can find a transparent method of approach with our patent firm.
Our ultimate priority is to ensure 100% customer satisfaction in a reliable and affordable way.
A Patent Attorney is a specialist qualification in advising in patents, trademarks, product design and other intellectual property rights.
Businesses often also refer to Patent Attorneys as Patent Lawyers. A Patent Attorney degree is a separate degree to a Patent Lawyer.
To qualify as a Patent Attorney, the minimum Registration requirements are:
A Granted Patent provides rights for an idea, device, substance, method or process.
For your Patent Application to be successful, your invention must be new, useful and inventive or innovative. There are more requirements than this which are tested in Court when you allege patent infringement.
We can work out patent novelty and inventiveness once we’ve completed our worldwide patent searches, and prior to lodging a patent application at the Patent Office.
Step 1: Consult with a Patent Attorney (book here), or fill out our Information Pack Request form so we can provide you with a quote. Many inventors take the wrong commercial steps before patenting which can void their entitlement to the patent rights.
Step 2: Conduct a patent assessment by conducting worldwide Patent Searches. The inventor should do as much searching as they can before meeting with their Patent Attorney.
Step 3: If the Patent Searches are reasonably good, then have your Patent Attorney draft and lodge a Patent Application.
Step 4: If there are any improvements in the future, contact your Patent Attorney to audit whether the changes are covered by your original patent application. If not then a further patent application may be needed to protect the improvement(s).
Step 5: File overseas patents, in a year from the first patent application lodged in Australia, or an international (PCT) patent to delay having to file in each overseas country.
Our Incorporated Patent and Trademark Attorney firm is registered with the Government Patent Office – click here.
Our firm is also a Fellow and member of the Australian and New Zealand Institute of Patent and Trademark Attorneys (I.P.T.A.) – click here.
To join I.P.T.A, a Patent Attorney needs to demonstrate important professional quality work.
Also they have to be recommended by other Patent Attorney I.P.T.A members as producing quality work.
Protect your invention or idea today with a Patent Attorney before you disclose your idea to anyone.
(1) Our Patent Attorneys will investigate and provide a patent assessment.
(2) Prepare and lodge a patent application.
Prior disclosures or sales can invalidate your patent application and prevent you from obtaining a Granted Patent.
A Patent Application must be lodged before you use, trade, disclose or sell, or offer to sell the idea.
Otherwise it can be invalidated for prior use or disclosure.
What is not explained well to many inventors is that IP Australia (the Patent Office) who date stamps applications, do not check the applications for legal correctness, and whilst they look for conflicts with what you have lodged, they do not warranty that they have made the correct decision in accepting and granting you rights.
What often happens is Court will look at the rights to see if they are legally correct, and if not, they will void the rights and order IP Australia to cancel.
Unfortunately this happens all too often.
Innovators or inventors come up with an idea and say its theirs but it may actually already be protected by someone else in the form of Intellectual Property Rights. Australia operates a “first to file” the patent, so if you are in an active field or think someone may be working on the same idea, it is better to lodge a patent application quickly.
Some overseas countries, like the United States operate a “first to invent” rather than “first to file” a patent system.
Additionally they may take the wrong steps which void their right to apply for Intellectual Property Rights. There are many but to name one, disclosing your idea before filing a Patent Application can void the right to apply for the Patent in most countries.
Not many people turn ideas into a fortune – mostly it just stays an idea because we aren’t sure how to take it to the next level or protect it from being stolen by a multinational corporation.
So you have an idea for an Mobile App, an idea for Business, a system or product but don’t know where to turn and are worried about it being stolen by others without getting anything at all. Unfortunately this happens all too often because a Patent Attorney is not engaged early enough in the process.
Booking a Patent Attorney at an early stage is essential to avoid voiding or creating issues with rights that are applied for.
These legal content or wrong usage issues are not looked into by Government and ARE looked at during Court and Opposition proceedings raised by rivals when disputes arise.
What are the requirements for a Patent?
There are many requirements, the hardest to satisfy being worldwide novelty and inventiveness.
Other more difficult concepts which are essential to a Patent include sufficiency, manner of manufacture and fair basis.
The only way to have all requirements met is to study the legislation and the changing Court decisions on each of these requirements.
As of November 2019, the main type of Australian patent options are:
1. Provisional Patent (pending) – 12 months.
2. Innovation Patent – 8 years (to be abolished soon).
3. Standard Patent – 20 years.
4. Pharmaceutical Patent – 25 years.
5. Patent Cooperation Treaty (PCT) Patent – 18 months.
– Conduct patent searches to assess the novelty of idea, allowing you to see if you can protect your idea.
– Assess whether your commercial steps have voided your patent rights.
– Conduct patent infringement searches, and advise on whether patent(s) are infringed.
– Prepare provisional and other patent applications, lodge and prosecute patent applications.
– Develop patent protection strategies for companies.
– Ensure patent registration, patent renewal and other patent deadlines are met.
– Handle Patent Office refusals of patent applications.
– Conduct patent audits (for the sale of patent rights).
The Patent Act (Cth) is Federal law and was developed to provide the Inventor with sufficient time to exploit their idea exclusively of rivals, so as to recoup their costs to research and develop the idea.
In return the Inventor is required to sufficiently disclose the Invention and how to make and run it.
Unfortunately many Inventors miss that the Patent MUST BE lodged BEFORE you disclose, sell, hire or otherwise exploit the invention, otherwise you generally forfeit in most countries your right to a Patent.
Often Patent Lawyers are confused with Patent Attorneys.
However were you aware that in Australia there is a specialised Patent Attorney Law Degree which is different to a General Law Degree.
A Patent Attorney is a speciality and once qualified a Patent Attorney drafts, files, advises and prosecutes patents for inventions , ideas and innovations.
Additionally, when there are infringements, Patent Attorneys advise on what to do and can represent in Court, although they usually form part of the legal team in most cases.
Patent Attorneys have the Right of Privilege in their communication with clients on intellectual property matters.
Privilege means a Patent Attorney can discuss any aspect of a client’s business in complete confidentiality.
Attorneys are not compelled to reveal elements of these discussions – or advice given – in any court.
The other difference with a lawyer or solicitor, is that a Patent Attorney has to have a separate technology Degree (usually with Honors or PhD), in Science, Engineering, Software, etc.
To qualify to Register as a Patent Attorney, they must have the technology Degree and have the Patent Attorney qualify, then they apply to Register as a Patent Attorney through the Professional Standards Board.
It is difficult for people to understand the Patent Laws, how they change, and how they are interpreted by the Courts during infringement cases.
Our patent attorneys will draft the correct content for patent applications, taking your headache away.
The Patents Office (IP Australia) processes patent applications, but they do not provide legal advice.
The issue for most self-filers is that their patent applications and trademark applications do not protect them because they are lodged without any legal understanding of the Patent Act or Trademark Act requirements.
Generally we find many self-filed patent applications and trademark applications are unenforceable, but they do give away the secret idea.
IP Australia also do not review whether your patent adequately reflects the invention and whether it meets all the Patent Act requirements, or whether you have made a mistake in lodging.
Generally, you cannot amend the patent after lodging to broaden or cover some aspect that was missing. It is then too late for a Patent Attorney or Patent Lawyer to help you.
Analogous to the Chartered Accountants of Australia for Accountants, the Institute of Patent and Trade Mark Attorneys of Australia is the representative body for Australian patent attorneys, and trade mark attorneys.
Patent Attorneys must be Registered for a minimum of 5 years to be a Fellow, and be recommended as having a good track record by other Institute members.
The Director of Australian Patent & Trademark Services has been a Fellow, since 2006.
“As a startup organisation seeking help with trademarking our company’s name and logo we had been directed to Alex Ferrante for some free advice. Alex went above and beyond the call of duty by giving us over an hour of his time when only 30 minutes had been booked. He was very informative, helpful and clear about the process of obtaining a trademark. And he followed up soon after the meeting with the promised summary of our situation and suggested way forward.” –
ANDY CAMPBELL
“Alex was incredibly helpful, he was clear, concise and comprehensive. I would recommend him to anybody with
any doubts about the processes involved.”
IAN SHARAM
“A big thank you to Australian Patent and Trademark Services. Alex has given me a precise strategic pathway to follow backed up by his professional advice and knowledge. I highly recommend Alex and his team to guide you in the right direction. Thanks again.”
GREGG COLBERT
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