Patents are a valuable monopoly right that can provide a business with a vital advantage in what is already a competitive marketplace.
It raises the barrier to entry and provides the patent holder with a head start in its area of technology. The area of patent law is complex and what can or cannot be patented is ever changing. For that reason understanding the options and getting the resulting strategy right at the outset is imperative.
Led by Nicholas Milne, our patent team at Actuate Patents have the expertise and commercial nous to assist you and your business to precisely navigate through the patent system here in Australia and overseas.
Obtaining a granted patent adds value to your invention and your business in the following ways:
A typical starting point when seeking patent protection is to first file 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 a 12 month period. Put another way, it puts you in the queue ahead of others to that invention. That 12 month period can then be used to determine the commercial feasibility of your invention and take it to market as “patent pending”.
A decision is then needed to made whether to progress the provisional patent application to either or both a standard patent and/or innovation. It should be noted that, in Australia, the innovation patent is being phased out by the government. To extend your 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).
Our patent team’s capabilities include: