Your innovation, invention, idea or design such as products or processes may be registered through the patent and/or design processes at the Patent Office.

Never disclose your idea to anyone before contacting our registered patent and trademark attorneys.

The steps to protect your innovation, invention, idea or design include:

1. a patent search or design search to identify whether you can obtain a granted patent or design registration,
2. infringement searches to identify whether you infringe an enforceable granted patent or design registration (freedom to operate),
3. applying for a granted patent or design registration,
4. monitoring for breach of your patent or design registration,
5. notification of your rights to others who infringe, and
6. enforcement of your rights.

Searches

• Conducting novelty searches and assessing whether your idea qualifies for patent or design protection.
• Conducting infringement searches to assess whether you will infringe a registered design, or a granted or certified patent.
• Conducting competitor watch searches.

Patent and design applications (acquiring rights)

• It is critical to ensure that no disclosure is made before patent and design applications have been filed in Australia and overseas. This is by far one of the biggest mistakes which may invalidate your patent or design rights.
• Once an application is filed, the majority of applications are examined by the Patent Office. If objections are raised by the Patent Office to grant of the patent or design, we assist you by determining what solution(s) is available and what legal rights will result from each solution(s).
• For example, we may recommend preparing and filing respones which adjust the scope of rights (by amending the patent specification) and/or submitting arguments which clearly differentiate your idea from any prior publications that are cited by the Patent Office.

Patent and design portfolio management & monitoring for copying

• Many companies acquire patent or design rights, but fail to implement sound monitoring systems to pick up infringements that breach their rights.
• The onus is on the owner of the rights to identify and use their registrations to stop copying.
• To assist companies, we:

1. monitor for applications filed by competitors which may encroach upon your company’s rights.
2. monitor the status of your patent and design portfolio, ensuring that it does not lapse and is useable.
3. prepare status and portfolio reports for management of your intellectual property assets.

Preventing a competitor from acquiring similar rights is the first critical step in protecting your niche and relating profit.