Patent
Patent

WHAT IS A PATENT ATTORNEY?

A Patent Attorney is a specialist qualification in advising in patents, trademarks, product design and other intellectual property rights. 

A Patent Attorney degree is not a legal degree (LLB) that you may be familiar with. It is separate degree to a Patent Lawyer.

To qualify as a Patent Attorney, the minimum Registration requirements are:

  1. A Science, Engineering or other technical degree that helps understand the technical content for inventions (so that the Patent Attorney can understand and write the correct coverage).
  2. A Patent Attorney Degree issued by the Patent Attorneys Board.
Usually these are gained whilst being trained in a Patent Attorney Firm.
 

WHAT DOES A PATENT PROVIDE?

A Granted Patent provides enforceable 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.

We can work this out for you once we’ve completed our worldwide Patent Searches.

WHAT ARE THE 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.

Step 2: Conduct a patentability assessment by conducting worldwide Patent Searches.

Step 3: If the Patent Searches are favourable, have your Patent Attorney draft and lodge a Patent Application.

Make an Enquiry

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It’s our industry institute, and you have to be exceptional experience and recommended by other Patent Attorneys to become a member.

Our PATENT Services Packages

Patent Registration Package 1

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

Patent Registration
Package 2

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

Patent Registration Package 3

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

PATENT SERVICES FAQs

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

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

Our Patent Attorneys will investigate to provide a patentability assessment.

This will save you from wasted time, effort and money.

Prior disclosures or sales can invalidate your patent application.

Patent rights must be lodged before you
use, trade, disclose or sell, or offer to sell the idea.

It is dangerous to take such a complex area and try it yourself because if you get it wrong, the owner of the Intellectual Property Rights has the the Rights to sue you, and can claim your personal assets, house, car, shares, super, etc. Even being a Director won’t save you as can be clearly shown in 2017 by Federal Court Decision CLIPSAL vs CLIPSO.

Still, we find countless people without legal degrees forming incorrect views on results they have found. Either dangerously thinking a result is different enough, or justifying it for reasons which do not exist in the legislation, or dismissing it on the basis that another business may be doing it (in which you can all be sued), or thinking that ASIC Business names gave you rights.

Equally people do not know that IP Australia, the Government body 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.

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 App for a Mobile, 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.

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 2018, there are four main patent types in Australia:

-Provisional Patent (pending) – Lasts 12 months
-Innovation Patent – Lasts 8 years.
-Standard Patent – Lasts 20 years.
-Pharmaceutical Patent – Lasts 25 years.
-Patent Cooperation Treaty (PCT) Patent – Lasts 18 months.

It is highly likely that in 2018, the Australian Innovation Patent will be abolished, removing the ability for Inventors to protect more simple ideas.

Our Patent Services include:
-Conduct detailed novelty searches.

-Provide patentability assessments.

-Conduct Australian patent infringement searches.

-Prepare patent applications.

-Develop patent protection strategies for companies.

-Ensure registration, renewal and other deadlines are met.

-Handle Patent Office refusals of patent applications.

-Conduct patent audits (sale of patent rights).

The Patent Act 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.

One example we have seen happen so often is discussed below.

Company A (D.I.Y.) and Company B (represented) are rivals applying for the same or similar Trademarks to protect their business name.

Scenario 1
Company A’s Application is rejected because it is incorrect and a new application cannot be lodged because Company B now has secured the Trademark rights.

Company A is forced to come up with a new business name. In some cases businesses find this out many years after having run a business which is a real brand concern.

Scenario 2
Company A’s application content had some real gaps in ownership, coverage and therefore will fail to protect them when they need to use it. They are not told this during the Application process because the Government doesn’t review their business plan or website. Company A has little or no rights but think they do.

Company C copies Company A’s Trademark and gets away with it because the Company A’s Trademark has failures in cover and/or ownership.

Professional help is a must.

Often people consider that lawyers are the go to person to Draft a Patent. In Australia there is a specialised Patent Attorney Degree which is different to a General Law Degree.
A Patent Attorney drafts, files, advises and prosecutes patents for inventions , ideas and innovations. In addition, where 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 is a processing station for patent applications, but they do not provide legal advice.
IP Australia also do not review whether your patent adequately reflects the invention and whether it meets all the Patent Act requirements.

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 and trade mark attorneys.

Patent Attorneys must be Registered for a minimum of 5 years to be a Fellow, be recommended as having a good track record.

The Director of Australian Patent & Trademark Services is a Fellow.

CLIENT REVIEWS

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+(61) 1300 138 802

Mon-Fri: 9am to 5pm

Why Australian Patent ATTORNEYS?

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Cost Certainty

We offer fixed priced fees so you are confident with your intellectual property budgets.

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Responsive Timeframes

We respond promptly and provide cost-effective outcomes in a responsive manner.

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Specialist Patent Attorneys

We offer you specialist patent experience and skills.

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Full Service Patent Attorney Firm

We don't just lodge Applications to protect you, we also provide comprehensive advice on how to protect your entitlement to the intellectual property, so you don't lose it.

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