Innovators of products, concepts, methodologies, and other similar objects and ideas are protected under law. This is through a document known as a patent.
Patent law in Australia protects the rights of original inventors by giving them exclusive control and rights over a specific period of time. This falls under the Patents Act of 1990, which helps safeguard these types of intellectual property as well as the rights of their creators.
Firms such as Actuate IP at actuateip.com.au can help you process patents in a convenient way. However, before you begin this process, it is important to understand first what a patent is as well as other relevant information about this very significant document.
What is Eligible for a Patent?
Under Australian Law, a patent can be given to an invention that is novel, inventive, and can be manufactured based on the claims of the claimant.
Items that can be patented include medical devices, certain drugs, micro-organisms, software, hardware or tools, and the like.
On the other hand, you cannot patent humans, laws of nature, mathematical models, plans, mental processes, artistic creations, and others that may fall under the same category.
How Long Am I Protected by a Patent?
A patent can last up to 20 years. In some cases, such as for pharmaceuticals, it can be extended for up to 25 years.
How Do I Apply for a Patent?
Filing for a patent is comprised of only a few steps, although some technicalities may become a bit too complicated.
After verifying that your invention is eligible for a patent, you may draft and file your application, requiring detailed specification of your creation, to IP Australia.
IP Australia is the agency responsible for the filing and issuance of patents in the country.
What follows is a thorough examination and investigation to ensure that your invention is eligible for a patent under legal regulations. This can take anywhere from 12 to 3 years, if approved at all.
Upon approval, a patent will be granted. You will have to then renew the patent by paying annual fees. Failure to do so may cause your patent to lapse, which means that you will no longer be protected under Australian law.
On the other hand, patents that fall under international jurisdictions will need to undergo some additional steps in order for your patent to be recognized in other countries.
Take note, though, that global patents do not exist, but under the Patent Cooperation Treaty or PTC, several countries do and will recognize these patents.
If you want to know more about how to file for patents, you may visit Actuate IP or consult with other patent lawyers for more information.
How Am I Protected by Patents?
Under the law, patents can protect you by giving you exclusive rights to make money off your invention for the specified effectivity period of your patent.
This means that, should any other entity encroach on these rights, then they will be committing a form of infringement and you can receive damages should you decide to pursue the case in court.
Conclusion
Patents are important to protect the rights of inventors that contribute to advances due to their creativity and innovation.
Thus, knowing how you can protect your rights through patents is important, especially if you see high commercial value for the product or idea.
As such, discuss with a patent lawyer for professional legal advice on how you can protect your creations. It is a relatively easy process with long term benefits.