3. Can my new idea be patented?
There are 3 basic tests a patent application needs to meet in order to be successfully granted:
- It must be new
- It must not be obvious; and
- It must be patentable subject matter
To get an idea of the answer to A & B, your patent attorney will normally request IP Australia to perform a patent search based on your provisional patent application. This patent search is called an International-Type Search and in our experience, is by far the best value-for-money patent search you can get done at an early stage in the patent process.
To answer question C, in Australia, there is very little that is excluded so far as what can be patented. For example, software patents and methods of medical treatment can generally be patented. All you need to do is provide your patent attorney with a clear and concise brief and they can advise you as to whether your idea is patentable subject matter in Australia.
You may be wondering, how you can trust your patent attorney with your idea? Australian Patent Attorneys have a legislated obligation under the Australian Patents Act 1990 (Federal Law Act) to maintain confidentiality of your idea.
Why Baxter IP Patent Attorneys?
We offer a free half hour consultation. During this consultation, we are normally able to advise whether your new idea includes patentable subject matter.
Click here to contact one of our experienced patent attorneys to find out more about whether your new idea includes patentable subject matter.