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What is a Patent?
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A patent is a legally enforceable monopoly right, granted by a government, over a device, substance, method of process that is new, inventive and useful.
A patent cannot protect purely mental processes such as artistic creations, mathematical models, plans or schemes.
The owner of a granted patent has the right to stop others making, selling, importing or otherwise using the patented invention for the life of the patent.
The owner of a patent can control:
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- The Manufacture of a patented product
- The use of a patented process
- Importation of a patented product
- Importation of a product made by a patented process
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Patents are national (or in some instances, regional) rights and are available in most countries.
A patent includes a written specification that describes the invention fully and a set of claims that define the scope of protection claimed.
Patents can only be granted to the inventor/s or someone (including a company) who has obtained the rights to the invention from the inventor/s.
Although having a patent gives the patent owner the exclusive right to the invention, it does not mean that the owner is free to exploit the invention. A patent owner must ensure that the development and use of their invention complies with all applicable laws and regulations and, in particular, does not infringe any earlier patent rights.
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Benefits of a Patent
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It is possible to successfully commercialise an invention not protected by a patent.
However, it is likely that if the invention is a commercial success and is not protected by a patent, copy-cat versions will appear in the market to compete with your invention. With no patent protection, your ability to protect your market will be limited.
Indeed, a competitor could well improve on your invention and be able to obtain a patent on that improvement.
With a patent covering the invention, you can better protect your market position.
While enforcement of patent rights through the courts is likely to be expensive, it is often not necessary to litigate to protect your rights.
The very existence of a patent may discourage others from copying your invention. Competitors will often choose to move down the path of least resistance and are less likely to copy a product that is protected by a patent.
Where a competitor “inadvertently” infringes your patented invention, they may be able to be “warned off” without the need to pursue court action.
For many organisations, the most important reason for pursuing patent protection is to add value to the invention. Most investors, venture capitalists, prospective partners or licensees will want to know that patent protection is in place or being sought for an invention. This enhances its value.
A patent may also aid in the commercialisation of a product. You have something clearly described that you can discuss with prospective investors or partners.
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How we can assist you
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Our patent attorneys have extensive experience in preparing and prosecuting patent applications across a wide range of technologies including nanotechnology, biotechnology, chemistry, all engineering disciplines, metallurgy, materials, electronics, physics, information and communication technologies and business methods.
Where technologies converge we are well placed to draw on the experience of professionals across the different technology groups of the firm, to accurately describe and define inventions.
Our patent attorneys have the skills to describe your invention fully. This is important when preparing the patent specification and claims that will ultimately define the scope of your protection.
In addition to providing patent services, our attorneys can also provide assistance in obtaining, maintaining and enforcing trade mark and design registrations (see our Trade Mark and Design brochures for more detail).
We can also provide advice in relation to other aspects of intellectual property, including managing your IP portfolio, online tracking of international applications and IP portfolio audits.
Our associated law firm, Phillips Ormonde & Fitzpatrick Lawyers, can assist you with various intellectual property legal services, including licensing agreements and patent assignments. Our lawyers can also assist you in enforcing your granted patent through litigation, or defending an allegation of infringement, if necessary.
The Phillips Ormonde & Fitzpatrick group provides the following patent services to clients:
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- Advice on the patentability of an invention
- Preparation, lodgement and processing of patent applications in Australia, New Zealand and Papua
- New Guinea
- Co-ordination of patent application lodgement and processing in other countries
- Preparation of patent drawings by our dedicated in-house draftsman
- Searches for existing patents or technical documents
- Infringement searches
- Investigation and advice on the validity of existing patents
- Conducting opposition proceedings to defend or oppose grant of accepted patents
- Defence of allegations of infringement
- Enforcement of patentees’ rights
- Negotiation and settlement of patent disputes
- Continuous monitoring of competitors, their patents and IP activities
- Patent watching and mapping
- Drafting of various agreements relating to patents
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| For a copy of our Patents brochure, click here. |
