Patent Lawyers

Looking for an Australian Patent Lawyer?

patent solicitor, International Patent Lawyer | How To Patent An Idea | Company Trademark

Are you searching for a Patent Attorney firm that provides reliable and efficient patent lawyer services?

We also have a guide on how to choose a patent lawyer or patent attorney here.

Australian Patent & Trademark Services provides professional patent services for inventors and entrepreneurs in Sydney, Melbourne, Gold Coast, Brisbane, Perth, Adelaide, Darwin, Hobart, and globally.

If you’d like to find out more about the differences between a patent and trademark, read our article here.

What protection does a patent provide?

A granted patent is a monopoly right which protects the owner by excluding others from exploiting the invention. In Australia the patent term is 20 years.

Renewals are due yearly, and our firm can handle international patent options if you want overseas protections.

More about our Patent firm

Since 1998, Australian Patent & Trademark Services are Registered professional Patent Attorneys with experience and knowledge to support you.

Our Australian Patent Lawyer services have supported thousands of inventors, entrepreneurs set up protection for innovations, ideas and concepts.

Our Patent Attorney firm prides itself on delivering professional and prompt patent services.

30+ Reviews Australia wide and Internationally
4 star rating
4 star rating
4 star rating
4 star rating
4 star rating

Patent Registration Package 1

(Application, no search)
✔ Patent Application
✔ Written Advice

Get Quote

Patent Registration Package 2

(Application & Guide Search)
✔ Patent Application
✔ Written Advice
✔ Worldwide Patent Search (guide only)
✔ Consultation

Get Quote

Patent Registration Package 3

(Application, Guide Search & Strategy Consultation)
✔ Patent Application
✔ Written Advice
✔ Worldwide Patent Search (guide only)
✔ Strategy Consultation (identify issues with your commercialization which could impact patent rights)

Get Quote

What People are Saying

Hear from some of our clients with the reviews below:

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.u0022 –
ANDY CAMPBELL
Alex has always provided me the right advice when it comes to my business and is very professional. Great direction and outcomes.
Paul Kidis
Alex was incredibly helpful, he was clear, concise and comprehensive. I would recommend him to anybody withu003cbru003eany doubts about the processes involved.u0022
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.u0022
GREGG COLBERT

WHAT IS A PATENT ATTORNEY?

A Patent Attorney in Australia 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 Science, Engineering or other technical degree that helps understand the technical content for inventions.
  • A Patent Attorney Degree issued by the Patent Attorneys Board.

Usually the Patent Degree is gained whilst being trained in a Patent Attorney Firm.

WHAT DOES A PATENT PROVIDE?

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.

WHAT ARE THE PATENTING STEPS?

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.


Fully Accredited

IPTA is the Australian Institute of Patent Attorneys of which our Director is a Fellow. To join you have to be known as having exceptional experience and be recommended by other Patent Attorneys as achieving good standards in the industry.

FAQs – Patent Attorneys and Patents

Click below to find out why us:

Don’t Lose Your Idea to a Friend – Consult with us first!

Protect your invention or idea today with a Patent Attorney before you disclose your idea to anyone.

There are two steps which can save you from wasted time, effort and money:

(1) Our Patent Attorneys will investigate and provide a patent assessment.

(2) Prepare and lodge a patent application.

Did you know?

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.

The correct approach and patent application strategy will be advised by your patent attorney.

Our Patent Attorneys and Patent Lawyers advise in the following areas:

– 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.

Australian patent agents needed to hold a technical degree and pass the Trans-Tasman IP Attorneys Board’s accreditation exams. Our team can walk you through the training and prerequisites.

Yes, if you continue your legal investigations and have particular trademark law experience, you can move from being a patent agent to a trademark attorney. Such professional developments are helped and guided by our company.

Though both professionals deal with intellectual property, a patent agent works mainly with patent applications. By comparison, a patent and trademark attorney provides a vast range of assistance and is legally qualified to represent clients in both places.

Desiring advice from a trademark and patent expert guarantees your ideas and brands full legal protection. Our lawyers focus on using their knowledge in both areas to efficiently and successfully protect your intellectual property rights.

Ready to Get in touch?

Click the get started button below to obtain a free quote.

GET STARTED

Our Services

Areas We Service