Patent Lawyers Melbourne
Melbourne's trusted patent lawyers
Our patent lawyers & attorneys understand that preserving your intellectual property with patent registration is often a necessary legal safeguard for your innovations and ideas, and we are here to help you every step of the way.
Free Initial Consultation
- Expert Legal Advice
- Safeguard Your Innovations
- Cost-Effective Solutions
Highly Skilled Melbourne Patent Lawyers & Patent Attorneys
We’re committed to offering extensive counsel and essential support for patent registration, conflict resolution, and litigation if required. Helmed by Nicholas Milne, Actuate Patents is a premier Australian patent attorney service, expertly steering you through domestic and international patent law complexities.
What is a patent, and what exactly does it protect?
An Intellectual Property Lawyer can help you protect, and defend against infringement, any intellectual property assets you own. This covers a range of ideas, technology, medical devices, scientific discoveries, literary works, art, designs, branding and many other concepts.
Intellectual property laws ensure that the creator’s rights can be legally enforced if anyone else tries to claim ownership or rights to the concept or item.
What Can't Be Patented?
Numerous items are ineligible for patents. Eligible subjects encompass products, medical devices, pharmaceuticals, mechanical engineering inventions, business processes, software, and more.
Alternative safeguards like trademarks and copyrights exist. While patent and trademark law share similarities, they diverge in coverage and procedure, warranting exploration of suitable intellectual property protection.
What types of patents are available?
Provisional Patents in Australia
A provisional patent provides a 12-month shield for your patented creation, serving as a bridge when not fully prepared for a Standard Patent filing. Unlike a Standard Patent, it doesn’t entail the same examination process.
Notably, securing a provisional patent allows you to publicly unveil your concept upon approval and employ the ‘patent pending’ status for a year after submission. This route incurs lower costs than a Standard Patent and grants valuable time to gauge the commercial potential of your innovation. However, if a Standard Patent isn’t pursued before the provisional patent lapses, it’s typically considered ‘abandoned.’
Should you attain a Standard Patent prior to the provisional’s expiration, the grant date and application number carry forward. Crafting a precise scope in a Provisional Patent is crucial, and this task is deftly managed by seasoned patent attorneys. The ‘Priority Date is equally significant, equivalent to the lodgement date. It’s pivotal for establishing novelty.
Your patent is validated if filed in January; no prior instances are found before March of the same year. However, a May filing wouldn’t yield the same protection. Swift patent filing is prudent for thorough protection, given application processing times. While protection isn’t immediate upon filing, your application gains priority over similar ones, and legal safeguarding commences upon patent grant.
Standard Patents in Australia
A Standard Patent in Australia extends enduring legal safeguarding for your intellectual property, typically spanning twenty years starting from the application date. Specific pharmaceutical innovations might secure protection for up to 25 years, while Innovation patents entail an eight-year shield.
You can submit Standard Patents after obtaining a Provisional Patent or as your initial application. A comprehensive patent is contingent upon examining your product or process, a procedure managed by the Patent Office. This assessment generally transpires within one to two years following submission.
Diverse panels of skilled examiners assess various patent categories, and their workloads can influence the examination timeline. Specific reporting prerequisites apply throughout this period, and addressing any examiner objections is pivotal for a favourable outcome. Navigating these phases adeptly is where patent attorneys excel, ensuring your preparedness for patent applications, examinations, and potential objections.
Innovation Patents: 2021 - 2029 Transition
Formerly categorised as tier-two patents, Innovation Patents are no longer accessible in the Australian landscape. While often favoured by smaller businesses, these patents are now undergoing a gradual phase-out directed by the Federal Government. This transition commenced on August 26th, 2021, and is slated for completion in 2029. Consequently, Innovation Patents submitted before and during early 2021 remain relevant but no longer undergo active processing.
How is the patent system structured in Australia?
If you possess a novel and unique concept vulnerable to replication, you can seek a patent for your innovation. Typically, the journey commences with an exploration of existing patents, complemented by an optional PSO (Preliminary Search and Opinion) to gauge the patentability of your invention.
Subsequently, you can apply for a Provisional Patent or a Standard Patent, with potential success leading to the grant of patent rights. Nevertheless, these steps are merely the tip of the iceberg. Compiling a comprehensive application is a substantial undertaking, accompanied by application fees and potential charges for errors or omissions. Moreover, venturing into international patent filing introduces additional complexities to the process.
Our Melbourne Patent Lawyers
A selection of the clients we have worked with
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Frequently Asked Questions
Patent Lawyers Melbourne
Is a patent attorney the same as a patent lawyer in Australia?
While the terms ‘attorney’ and ‘lawyer’ are interchangeable in many countries, the term attorney is used far less in Australia. An exception here is for Patent Attorneys. In Australia, a Patent Lawyer is not the same as a Patent Attorney!
Australian Patent Attorneys work with clients to help them prepare and file patent applications. They specialise in the nuances of intellectual property law and can advise on various intellectual property matters.
They deeply understand patent and trademark requirements, conducting audits and searches to assist clients with their specific needs. Patent Attorneys often have a particular trade or area they are highly knowledgeable of, enabling them to pass on real-world experience and provide IP services tailored to specialised industries.
A Patent Lawyer is often found representing clients in disputes, litigation and court proceedings. A registered patent attorney doesn’t work in courtrooms, and patent lawyers can’t file patents in Australia! Our highly experienced team at Actuate IP have both intellectual property lawyers and trade mark and patent attorneys, which means we can help you through the whole process.
What are the prerequisites for patent eligibility?
To begin with, the subject you intend to patent must meet the criteria of being ‘patentable’. It should be both novel and fall within a patentable category, such as a medical device or a manufacturing process.
Certain entities, such as mathematical concepts, aren’t eligible for patents and might instead be protected under copyright law—like an artistic creation. Furthermore, the subject must not have already been made publicly available. It won’t qualify for patent consideration if it’s already in the public domain or has been showcased at an industry event.
In addition, it needs to display an element of inventiveness, even though this can be a somewhat subjective determination. It should also serve a practical purpose, demonstrating a credible and valuable application. Another critical criterion is that the subject must not have been sold or utilised previously, reiterating the importance of novelty. Given the multifaceted nature of these considerations, enlisting the assistance of trademark attorneys early on proves to be highly advantageous.
Will I require International Protection for my patent?
Collaborating with an experienced Melbourne intellectual property law firm well-versed in global IP safeguards is essential if you’re eyeing international patent protection. Our firm’s network of skilled IP and trade mark attorneys possesses deep insight into various patent application requirements across jurisdictions.
Crafting a comprehensive international strategy is a forte of our adept patent and trademark attorneys. We evaluate the impact of an Australian Patent on your short- and long-term innovation and explore the necessity of extending protection to other countries.
Obtaining an International Patent is wise if your trademarked product holds profit potential in foreign markets, enhancing your patent’s value. Imagine launching local consumer goods with Australian patents, only to discover unexpected global demand. Others might have secured patents in various countries, challenging entry without licensing your IP.
However, investing in international patenting might not be prudent if your idea’s feasibility is uncertain. A ‘global’ patent doesn’t seamlessly cover all bases, highlighting the need for early, clear guidance. The 1970 Patent Cooperation Treaty simplifies matters by offering patent protection across 157 countries, excluding around 40 non-participating nations. Contact the friendly staff at our Melbourne office to book a time with one of our highly experienced Patent Lawyers or Attorneys.
