What’s a Patent and How Do I File One?

Ever had a superb concept that you simply assume might change the world (or a minimum of make your life an entire lot simpler)? Properly, you’re not alone! In a world brimming with innovation and creativity, it’s no shock that folks similar to you give you groundbreaking innovations day-after-day. 

However right here’s the catch – how do you defend that stroke of genius from being swiped by another person?

Enter the world of patents. 

You’ve in all probability heard the time period earlier than, however what precisely is a patent, and the way do you go about submitting one? Whether or not you’re a budding inventor, a small enterprise proprietor seeking to safeguard your creations, or simply plain curious concerning the ins and outs of the patent course of, on this submit, we’ll talk about the varied sorts you possibly can file and stroll you thru the steps of creating your genius concepts legally protected.

Learn alongside! 

What’s a patent?

A patent is a registered proper granted by the regulation for a tool, substance, technique, or course of that’s new, ingenious, and helpful. Because the proprietor, you’ve got unique rights to commercially exploit the invention for the time granted by the patent. 

Primarily, solely you possibly can earn cash from the invention. Beneath are some key pointers associated to patents: 

• Patents are a type of Mental Property safety.
• They grant candidates the unique industrial proper to a tool, substance, technique, or course of.
• A patented invention should be new, ingenious, and helpful.
• Patents normally final 20 years, however pharmaceutical patents can final 25 years.
• The Australian Authorities started the method of phasing out the innovation patent in 2020, and the final day for submitting was 25 August 2021

Why do you have to apply for a patent?

Submitting a patent in Australia has numerous advantages starting from authorized safety to monetary alternatives and international market attain.

Beneath are a couple of methods in which you’ll leverage your innovation. 

• Unique rights: Upon securing a patent in Australia, you acquire unique rights over your invention. Which means no different entity can manufacture, use, or promote your creation with out acquiring your express permission. A noteworthy instance is Australia’s Wi-Fi patent, which has led to substantial royalty earnings.

• Monopoly energy: A patent grants you vital leverage within the market. You possess the authority to determine phrases and situations for others focused on utilising or licensing your invention. Contemplate how firms like Apple strategically license their know-how to third-party producers, shaping the earbud market, as an illustration.

• Market benefit: Displaying “Patent Pending” in your product indicators to shoppers that it possesses distinctive attributes, setting it other than rivals. This distinctiveness can improve the enchantment of your product and elevate its standing available in the market.

• Revenue potential: Patents can function precious property, able to producing earnings by way of gross sales or licensing agreements. As an example, inventors can profitably promote their patented improvements to companies wanting to combine these options into their portfolios.

• Innovation incentive: Patents function incentives for innovation. Governments recognise and reward inventors, thereby fostering an setting conducive to artistic endeavors. A notable occasion is Australia’s contribution to the event of Google Maps, fortified by a variety of Australian patents.

• Authorized protections: Within the occasion of unauthorised replication of your invention, a patent gives the authorized authority wanted to thwart infringement makes an attempt. This safeguard mechanism is especially essential for industries like Australian wineries, which vigorously defend their proprietary winemaking methods.

• World attain: An Australian patent extends past nationwide borders, because of worldwide treaties and agreements. This international safety ensures your invention stays safeguarded in worldwide markets. The bionic ear, a product stemming from Australian innovation, serves as a testomony to the worldwide attain facilitated by patents.

What are the forms of patents?

The 2 most typical forms of patents are the usual patents and the innovation patents.

To qualify for the standard patent, the invention must be new (novel), helpful, and contain an ingenious step. Examination for approval by IP Australia for the standard patent takes on common 6 months and might go on for years, however affords the proprietor as much as 20 years of unique use of the invention.

The requirement for an innovation patent is that the invention is new, helpful, and entails an modern step, which is a decrease burden than ‘ingenious’ for the standard patent. It takes round 1 month to acquire an innovation patent as it is just examined as and when there’s a have to (e.g., when the proprietor seeks to implement in opposition to an infringement). 

Whereas it’s faster, cheaper, and simpler to get an modern patent, it’s comparatively much less precious and gives lesser safety than a normal patent. As talked about earlier, innovation patents are being phased out. 

Discover out extra concerning the distinction between normal and innovation patents in our information.

Easy methods to Register a Patent

Step 1. Conduct a search

Earlier than making use of for a patent you will need to not exhibit, promote or talk about your invention in public in any other case you could lose the chance to patent it. Make sure you search patent databases and search for related merchandise or innovations that are already patented.

What you are attempting to patent should be new, a patentable material and never be apparent. It’s important that you simply acquire a precedence date, this refers back to the date you first file a patent utility and ensures that potential rivals who file for a patent after you’ll not be entitled to patent it.

Step 2. Select an utility

There are several types of patents which fluctuate in value, sort of safety they provide and the way lengthy they take to course of.

• Australian Provisional Utility: Lasts 1 yr and gives the chance for additional developments however doesn’t present patent safety itself. These are helpful in extremely aggressive industries to acquire early precedence dates.
• Australian Commonplace Patent Utility: Last as long as 20 years.
• Australian Innovation Patent Utility: Lasts as much as 8 years.
• Patent Cooperation Treaty Utility: Lasts 1.5-2.5 years and covers about 50 nations making them enticing to traders and people wishing to guard vital export markets.

For extra details about the distinction between normal and innovation patents try our earlier authorized information.

Step 3. File an entire utility

An entire utility refers to a normal or innovation patent utility. You possibly can apply on-line by way of IP Australia or mail an utility. Functions ought to embrace a patent request kind, an entire specification of what you want to patent, and the submitting payment.

An entire specification features a Title, Description, Claims, Summary, and in some circumstances, illustrations. Having a patent lawyer to help in writing an entire specification is vital as a result of, if granted that is all the required data your patent can be based mostly on.

Step 4.Processing the appliance

After you have filed your full utility, there are some formalities which can be carried out by the Patent Workplace (PO). For normal patents, you will need to request an examination. If you happen to don’t, inside two months, the appliance will lapse. For innovation patent examination is non-compulsory. 

The PO will carry out a preliminary verify which incorporates publication and a interval of public inspection. As soon as examined the PO will both ship an adversarial report or discover that your utility has been accepted. You’ll have the chance to reply to an adversarial report and make adjustments to your specification.

Functions can be rejected if it doesn’t meet the necessities of the Patents Act. A patent can be rejected if the product shouldn’t be new, helpful, ingenious/modern and has already been secretly used.

If purposes are accepted, opposing events may have 3 months to start out proceedings in the event that they consider your patent ought to be invalid. The appliance course of for traditional patents takes from six months to a number of years relying on circumstances. For innovation patents the method normally takes 1-6 months. As soon as your patent is in pressure you might be required to pay annual upkeep charges and are accountable to implement your authorized rights.

Remaining Step. Registered Patent = Protected Patent

With a registered patent you’ve got the safety and a legally enforceable proper in opposition to others who might wish to capitalise in your concepts or invention. A patent additionally gives you the flexibility to commercialise your innovations, broaden your small business and acquire a aggressive benefit available in the market.

FAQs

How lengthy does a patent final?

The safety time-frame varies relying on the kind of patent. An Australian normal patent lasts as much as 20 years, an innovation patent lasts as much as 8 years, and a pharmaceutical patent lasts as much as 25 years.

The place do I begin?

1. Ask in case your concept is worth it

Defending your invention this manner is a protracted course of and sometimes fairly expensive. When contemplating in the event you ought to patent your concept, you must first think about in case your concept is commercially viable. Primarily, you’d wish to defend an concept that may make you cash.

2. Is the thought commercially viable?

There are two normal methods to find out your industrial viability. First, take into consideration the marketability and saleability of your concept (e.g., the iPod). Second, think about whether or not different firms will search a licence to your IP in alternate for royalties.

3. Have you ever advised anybody about it?

Your utility might be unsuccessful in case you have advised somebody about it or used it publicly earlier than submitting a patent utility. If in case you have not but advised anybody, don’t achieve this till you’ve filed your utility.

New concepts or innovations are a commercially precious commodity which requires safety. Buying a patent could be a expensive, time-consuming, and tough course of in the event you aren’t positive what’s required. Searching for skilled recommendation from a patent lawyer will help make sure that your utility has a greater likelihood for achievement and commercially improve the worth of your product.

Conclusion

Within the ever-evolving panorama of innovation, patents stay a cornerstone of progress and safety. So, in the event you’ve been sitting on that revolutionary concept, it’s time to take motion. Seek the advice of with authorized specialists, conduct thorough analysis, and embark on the patent submitting course of with confidence. 

Lawpath has entry to extremely certified IP attorneys who will help you apply for a patent.