Australian Patent & Trademark Services
Patent Attorneys Australia
Protect your invention with specialist patent advice, precision drafting and a commercially focused protection strategy.
Registered Patent Attorneys | Professional Experience Since 1998 | Australia-Wide & International
Enquire About Patent Protection →Patent Applications & Invention Protection
Protecting an invention requires more than simply filing a patent application. The quality of the patent specification, claims and protection strategy can significantly influence the scope and commercial value of your patent rights.
Australian Patent & Trademark Services (APTS) provides specialist patent attorney services to inventors, entrepreneurs, start-ups and established businesses throughout Australia and internationally.
Our services include patent searches, patentability assessments, patent application preparation and filing, examination and prosecution, international patent filing coordination and ongoing patent portfolio management.
With professional intellectual property experience dating back to 1998, APTS combines technical understanding, specialist patent expertise and practical commercial advice to help clients protect their innovations.
Based in Adelaide, Australian Patent & Trademark Services assists inventors, start-ups and established businesses throughout Australia and internationally.
For clients in New South Wales, our patent lawyers and registered patent attorneys serving Sydney provide specialist advice on patent searches, drafting, applications and international patent protection.
We also assist clients throughout Melbourne, Brisbane, Perth, Canberra, Hobart, Darwin and regional Australia.
As a specialist boutique intellectual property practice, we provide personalised service and direct senior attorney involvement, with advice tailored to your invention and commercial objectives.
Why Engage a Registered Patent Attorney?
A registered patent attorney is a specialist intellectual property professional with technical or scientific qualifications, prescribed intellectual property education and relevant practical experience.
Patent attorneys combine technical understanding with specialist knowledge of patent law and practice. This is particularly important when assessing inventions, preparing patent specifications and drafting claims.
The Importance of Patent Claims
Patent claims define the legal scope of protection sought for an invention. Claims that are unnecessarily narrow may provide limited commercial protection, while claims that are inadequately supported or drafted too broadly may encounter objections or validity issues.
Professional drafting requires careful consideration of the invention’s technical features, relevant prior art, alternative implementations and the legal requirements for patent protection.
Technical, Legal and Commercial Advice
A patent attorney can help assess whether patent protection is appropriate, identify potential obstacles and develop a filing strategy aligned with your commercial objectives.
This may include advice on confidentiality, timing of disclosures, patent searches, filing options, overseas protection and the management of future improvements.
For further guidance, see our article on choosing a patent attorney.
What Can a Patent Protect?
An Australian patent may protect an eligible invention, such as a new product, device, substance, method or process.
An abstract idea alone is not sufficient. To obtain patent protection, an invention must satisfy applicable legal requirements, including novelty, inventive step and patentable subject matter.
What Rights Does a Patent Provide?
A granted patent provides its owner with legally enforceable rights to prevent others from exploiting the patented invention without permission, subject to the scope of the patent claims and applicable law.
A standard Australian patent can generally remain in force for up to 20 years from its filing date, provided the relevant requirements are satisfied and renewal fees are paid. Certain pharmaceutical patents may qualify for an extension of term.
Patent protection is territorial. An Australian patent does not automatically provide protection in other countries.
The Patent Specification and Claims
A patent specification must describe the invention in sufficient detail to satisfy the relevant legal requirements and support the claims.
The quality of the specification can affect not only the prospects of obtaining a patent, but also the scope and enforceability of the resulting rights.
The Australian Patent Application Process
The appropriate patent filing strategy depends on the nature of the invention, its stage of development, relevant disclosures and intended commercial markets.
1. Initial Consultation and Invention Assessment
We discuss the invention, its technical features, development history and commercial objectives to identify potential protection options.
Seek professional advice before publicly disclosing your invention. Public disclosure can affect patentability in Australia and overseas. Although certain exceptions and grace periods may apply, they should not be relied upon without specific advice.
2. Patent Searches and Preliminary Assessment
Patent searches can help identify earlier patents, published applications and other technical disclosures relevant to the invention.
Search findings may assist in assessing patentability, identifying relevant prior art and informing the drafting and filing strategy.
3. Patent Specification Preparation
Where patent protection is appropriate, a patent attorney can prepare the specification and claims to describe the invention and address the applicable legal requirements.
Depending on the circumstances, the filing strategy may involve a provisional application or a standard patent application.
4. Filing, Examination and Prosecution
After filing, a standard patent application proceeds through the relevant statutory procedures, including examination when requested.
IP Australia may raise objections concerning patentability, clarity, claim support or other requirements. A patent attorney can prepare responses and appropriate amendments, where permitted, to address examination issues.
5. Grant and Ongoing Maintenance
If the relevant requirements are satisfied, the application may proceed to grant.
Ongoing management includes monitoring renewal obligations, considering subsequent developments and reviewing whether additional protection may be appropriate.
Patent Searches and Patentability Assessments
A patent search can provide valuable information before substantial resources are committed to preparing and filing a patent application.
Relevant earlier disclosures may include granted patents, published patent applications, scientific publications, technical documents and other publicly available information.
Understanding Patentability Risks
Professional assessment involves considering the technical features of the invention against relevant prior art and applicable patentability requirements.
Search findings may help identify potentially significant obstacles, clarify the distinguishing features of an invention and inform the patent drafting strategy.
Patentability and Freedom to Operate
Patentability and freedom to operate are different legal questions.
A patentability search considers whether an invention may satisfy the requirements for patent protection. A freedom-to-operate assessment considers whether particular commercial activities may infringe enforceable patent rights held by others.
Obtaining a patent does not, by itself, establish freedom to manufacture or sell a product without infringing another party’s patent.
No patent search can guarantee that all relevant prior art or third-party rights will be identified.
International Patent Protection
Patent rights are territorial. If you intend to manufacture, sell, license or commercialise your invention overseas, protection in relevant foreign jurisdictions should be considered.
APTS can assist with international patent filing strategies and coordinate overseas applications through our network of international patent attorney associates.
Priority Claims and International Filing Deadlines
In many circumstances, an applicant has a 12-month priority period following an initial patent application in which to file corresponding overseas applications claiming priority.
Filing deadlines are important. Missing a relevant deadline may adversely affect the availability of patent protection in particular jurisdictions.
Patent Cooperation Treaty (PCT) Applications
The Patent Cooperation Treaty provides an international application procedure that can facilitate the pursuit of patent protection in multiple countries.
A PCT application is not a worldwide patent. Patent protection must ultimately be pursued through the relevant national or regional systems.
The PCT procedure can provide additional time to evaluate commercial markets and coordinate international patent filing decisions.
Selecting Overseas Markets
International filing strategies should consider commercial opportunities, manufacturing locations, licensing plans, relevant competitors and the costs of obtaining and maintaining protection.
APTS assists clients in coordinating international protection strategies suited to their business objectives.
Patent Improvements and Portfolio Management
Inventions frequently develop after an initial patent application has been filed. Subsequent improvements, alternative implementations or additional technical features may require further patent protection.
Protecting Improvements to an Invention
New technical subject matter generally cannot simply be added retrospectively to an existing patent application while retaining the earlier filing date for that matter.
A patent attorney can assess whether developments are adequately supported by an existing specification or whether additional applications should be considered.
Ongoing Patent Portfolio Management
Effective patent management involves more than filing and obtaining registrations.
APTS can assist with:
- Monitoring patent filing and renewal deadlines.
- Reviewing existing patent portfolios and protection gaps.
- Assessing patent improvements and additional filing opportunities.
- Coordinating Australian and international patent matters.
- Patent portfolio reviews associated with commercial transactions or licensing.
- Ongoing patent strategy and portfolio administration.
Our established intellectual property management systems support the administration of patent, trade mark and registered design portfolios.
Why Choose Australian Patent & Trademark Services?
Australian Patent & Trademark Services is a specialist boutique intellectual property practice providing patent and trade mark services to Australian and international clients.
Professional Experience Dating Back to 1998
Our practice draws on professional intellectual property experience dating back to 1998, including technical, legal and commercial aspects of patent protection.
APTS has operated under its established business name since 2006.
Direct Senior Attorney Involvement
As an independent boutique practice, we emphasise personalised service, responsive communication and direct senior attorney involvement.
Our approach is to understand the invention and the client’s commercial objectives, rather than treating patent filing as an isolated administrative transaction.
Professional Qualifications and Industry Involvement
Our Director is a Fellow of the Institute of Patent and Trade Mark Attorneys of Australia (IPTA), a professional association representing Australian patent and trade mark attorneys.
Australian and International Services
Although based in Adelaide, APTS provides services throughout Australia and assists overseas clients seeking Australian patent protection.
Our international associate network also enables us to coordinate patent protection in relevant overseas jurisdictions.
Our objective is to provide technically informed, commercially practical patent advice with the personal attention of a specialist boutique firm.
Patent Attorney FAQs – Australian Patent Protection
Answers to common questions about protecting inventions, patent applications, patentability, intellectual property rights and working with registered patent attorneys in Australia.
1. I have an idea that I want to protect. What should I do?
If you have developed a potentially patentable invention, an important first step is to keep its technical details confidential until you have obtained appropriate professional advice.
Public disclosure before filing a patent application can affect your ability to obtain protection in Australia and overseas. Although certain exceptions and grace periods may apply, these should not be relied upon without specific advice.
A registered patent attorney can assess your invention, discuss patentability issues and advise on suitable protection and filing options.
2. When should I patent an idea or invention?
Patent advice should ideally be obtained before publicly disclosing, selling, demonstrating or commercially launching the invention.
The appropriate filing date depends on the invention’s development, the availability of sufficient technical information and your commercial objectives.
Filing prematurely with an inadequate disclosure can create difficulties, while delaying filing may expose the invention to disclosure or competing developments.
3. Why should I patent an idea or invention?
A granted patent can provide legally enforceable rights to prevent others from exploiting the patented invention without permission in the relevant jurisdiction.
Patent protection may support commercialisation, licensing, investment and competitive differentiation.
However, patents are not appropriate for every idea or business. The potential benefits should be assessed against patentability, commercial value, disclosure obligations and the costs of obtaining and maintaining protection.
4. How do I patent my idea or invention in Australia?
The process generally begins with assessing the invention and determining an appropriate patent filing strategy.
This may involve patent searches, preparation of a patent specification and filing a provisional or standard patent application with IP Australia.
A standard patent application must satisfy applicable legal requirements and undergo examination before it can proceed to grant.
A registered patent attorney can assist with specification and claim drafting, filing applications and responding to examination objections.
5. What are the requirements for obtaining a patent?
Australian patent law imposes several requirements, including that the claimed invention be novel, involve an inventive step and constitute patentable subject matter.
The patent specification must adequately disclose the invention and support the claims, with other statutory requirements also applying.
Whether an invention satisfies these requirements depends on its technical features, relevant prior art and applicable legal principles.
6. What are the risks of preparing and filing a patent application myself?
Patent applications involve technical disclosure and specialist legal drafting. Inadequately prepared specifications or claims can adversely affect the scope, validity and enforceability of resulting patent rights.
Common risks include insufficient disclosure, poorly defined claims, omitted alternative embodiments and failure to address important filing deadlines.
Certain deficiencies may be difficult or impossible to remedy after filing, particularly where additional technical subject matter is required.
7. What types of patent applications are available in Australia?
The principal Australian patent filing options include provisional applications and standard patent applications.
A provisional application can establish an initial filing date for disclosed subject matter but does not itself mature into a granted patent. Further application steps are required.
A standard patent application may proceed through examination and, if the applicable requirements are satisfied, to grant.
International applications under the Patent Cooperation Treaty may also be relevant where protection in multiple countries is contemplated.
8. What is the Patent Office, and what does IP Australia do?
IP Australia is the Australian Government agency responsible for administering Australia’s patent, trade mark, registered design and plant breeder’s rights systems.
In relation to patents, IP Australia receives applications, conducts examination, administers relevant procedures and maintains patent records.
IP Australia does not act as your independent patent attorney or provide personalised representation of your commercial interests.
9. What is the Patents Act 1990?
The Patents Act 1990 (Cth) is the principal legislation governing patents in Australia.
It establishes the legal framework for obtaining, maintaining, challenging and enforcing patent rights, together with associated procedures and requirements.
The legislation is supplemented by regulations and interpreted through relevant Australian court decisions.
10. Who are patent attorneys, and how are they different from lawyers?
Registered patent attorneys are specialist intellectual property professionals qualified to advise on patent matters, including invention assessment, patent specifications, filing and prosecution.
Patent attorneys generally have technical or scientific qualifications combined with specialist intellectual property education and practical experience.
Solicitors and barristers have different professional qualifications and may advise on litigation, contracts and other legal matters.
Some professionals hold both patent attorney and legal practitioner qualifications.
11. Are communications with a patent attorney confidential?
Registered patent attorneys have professional obligations concerning client confidentiality.
Australian law also provides statutory protection for certain confidential intellectual property communications involving registered patent attorneys.
The availability and scope of legal privilege depend on the circumstances and applicable statutory requirements. Not every communication is necessarily protected from disclosure.
Ready to Protect Your Invention?
Whether you are developing a new invention, preparing a patent application or considering international protection, professional advice can help you understand your options.
Contact Australian Patent & Trademark Services to discuss your invention and patent protection requirements.
Alternatively, call 1300 138 802 .
Patent Attorneys Across Australia
Australian Patent & Trademark Services (APTS) is based in Adelaide and assists inventors and businesses throughout Australia with patent applications, prosecution and strategic intellectual property advice. Explore our patent attorney services in: