Patent Searches, Drafting, Filing & Prosecution

Patents are valuable monopoly rights that can give your business a vital advantage in a competitive marketplace.

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How Does a Patent Help My Business?

Having a patent raises the entry barrier and gives the patent holder a head start in its technology area. Patent law is complex, and what can and cannot be patented is ever-changing. For this reason, understanding your options and getting the resulting strategy at the outset is imperative.

Led by Nicholas Milne, our patent team at Actuate Patents has the expertise and commercial nous to assist you and your business in precisely navigating the patent system both here in Australia and overseas.

Value Added Patents

Obtaining a granted patent adds value to your invention and your business in the following ways:

  • benefit from the financial rewards resulting from the commercialisation of the patented invention which you have a monopoly.
  • you can threaten and, if required, bring patent infringement proceedings against an infringer stopping their conduct and recover damages or their profit
  • holding a patent for an invention, even in its early stages of commercialisation, improves your bargaining position when negotiating with potential commercial partners, investors or licensees
  • a patent acts as a valuable notice of your claimed rights to the invention, deterring would-be infringers – prevention is better than cure.
  • a patent protects your investment of time and resources in the research and development of your invention. Without this type of government granted monopoly it is near impossible to prevent competitors copying the functionality of your product or process.
  • a patent is an asset of your business that can be valued as part of your overall business value, licensed or sold.

Patent Protection

A typical starting point when seeking patent protection is filing a provisional patent application. A provisional application does not provide you with an enforceable patent right but instead first stakes your claim to your invention for 12 months. Put another way, it puts you in the queue ahead of others for that invention.

These 12 months can be used to determine the commercial feasibility of your invention and take it to market as “patent pending”. A decision is then needed to progress the provisional patent application to either or both a standard patent and/or innovation.

It should be noted that the government is phasing out innovation patents in Australia. To extend patent protection beyond Australia into other commercial markets of interest, a separate application process is required.

This is commonly done by filing a “PCT application” – a consolidated international application under the Patent Cooperation Treaty, which initially positions your patent for protection in all member countries (of which there are currently 148).

How We Can Help You

Our patent team’s capabilities include:

  • Australian and international patent protection strategy & advice
  • patentability searches & advice
  • preparing and drafting patent specifications
  • patent application filing in Australia & internationally
  • responding to the Patents Office in support of patent grant
  • prosecuting patent applications
  • patent watch services
  • Australian and international patent portfolio management
  • patent infringement advice
  • Australian and international patent portfolio management
  • patent audits & due diligence
  • IP Australia Patent Office opposition proceedings
  • Assisting Actuate IP’s legal team in preparing commercial agreements, including licensing, related to commercialisation of patents
  • Assisting Actuate IP’s legal team in enforcing and defending patent infringement proceedings

Our Patent Searches, Drafting, Filing & Prosecution Team

Nicholas Milne
Principal | Patent Attorney @ Actuate Patents