Starting a business is exciting, but protecting your ideas is just as important. Patents safeguard your inventions, prevent competitors from copying your products, and increase your business value. Here are the five essential things Australian startups need to know about patents.
1. Why Patents Matter for Startups
Patents provide legal protection for your inventions, giving you exclusive rights for a certain period. For startups, this means your unique product or process can be commercialised safely, attract investors, and prevent competitors from replicating your ideas.
2. Common Mistakes in Filing
Many startups make mistakes such as:
- Use ChatGPT to draft a patent, but that is in the public domain and destroys novelty, invalidating the patent.
- Use ChatGPT for “advice” but as its published, this loses legal privilege and protection.
- ChatGPT specifically states NOT to input any personal information.
- Filing too late, after sharing the idea publicly.
- Attempting to draft patents themselves without legal expertise.
- Focusing only on local protection and ignoring international opportunities.
Avoiding these errors early saves time, money, and legal headaches.
3. Timeline and Costs
Patent applications in Australia can take 2–5 years to be granted, depending on complexity. Costs vary based on drafting, filing, and examination fees. Boutique firms like APTS provide clear, upfront estimates and guide you through every stage to avoid surprises.
4. How a Boutique Firm Helps
Boutique IP firms, such as APTS, offer personalised service:
• Direct access to experienced attorneys.
• Tailored strategies for your specific invention.
• Efficient communication and guidance throughout the process.
This level of attention is particularly valuable for startups with limited resources.
5. Resources & Next Steps
• Conduct a prior-art search to assess patentability.
• Document your invention carefully.
• Consult with a registered patent attorney to determine the best filing strategy.
Starting with professional advice ensures your invention is properly protected from day one.
