How To Patent in Australia

Background:

Patent protection is a tool that can help you make money out of your idea. Without a patent you cannot (normally) sell or licence your idea or stop others from copying it.

To Do:

Decide your commercial goal, is it:

1. Selling your idea to a company for a once-off payment
2. Licensing your idea to a company for a royalty stream (i.e. passive income stream as products are sold) and possibly a once-off payment as well
3. Manufacturing and selling your new product
4. Having someone else manufacture your new product and then selling it

Why Baxter IP?

We are the only patent attorney firm with a full service in-house commercialisation consultancy. This means:

1. If after filing a patent application, you are unsure how to best progress you are not left in the dark.
2. Our commercial expertise allows us to tailor your patent application to help you achieve better commercial outcomes, whether it be through licensing or simply solid protection for your product.

Click here to contact one of our experienced patent attorneys to find out more about how you can protect your idea and for a quote.

Background:

In Australia, there is very little that is excluded so far as what can be patented. For example, business methods and software can (generally) be patented.

To Do:

Provide your patent attorney with a clear, concise written brief about your idea and discuss your idea with them to get their advice as to whether your idea is the type of thing that can be patented.

Patent Tip: You may be wondering, how can I trust my patent attorney with my idea? Patent Attorneys have a legislated obligation under the Australian Patents Act 1990 (Federal Act) to maintain confidentiality of your idea.

Why Baxter IP?

We offer a free half hour consultation. During this consultation we are normally able to advise whether the subject matter of your idea is the type of thing that can be patented.

Click here to contact one of our experienced patent attorneys to find out more about how you can protect your idea and for a quote.

Background:

For an idea to be patentable, it needs to be both new and inventive. Whether an idea is new is the more objective of these criteria and a patent search can be carried out to give you an initial indication of whether your idea might be new. Smart entrepreneurs & technology companies do a patent search before they file a patent application.

Some inventors think that their idea must be new because they haven’t seen it on the market. Patent databases contain thousands of patents on inventions that are never marketed. A patent search is an important step in mitigating the risk of spending money on a patent application on an idea that is not new.

To Do:

Obtain Baxter IP’s Free Patent Search Guide from a patent attorney at your free consultation. This guide will help you conduct a patent search to start looking into whether your idea is new before filing a patent application.

After filing a provisional patent application ask us to request IP Australia perform an international-type-search on your invention. This is by far the best value-for-money patent search you can get done at an early stage in the patent process.

Why Baxter IP?

We offer you a Free Patent Search Guide and are happy to answer any questions you may have about patent searching at your consultation.

Questions answered by the Free Patent Search Guide:

1. What patent databases should I use in my patent search?
2. How can I access these patent databases?
3. What patent searching techniques should I use?
4. What are common patent searching mistakes to be avoided?

How Much?

You can do your own patent search using Baxter IP’s Free Patent Search Guide for free using publicly available databases.

Background:

There are numerous types of patent applications that can be filed in countries around the world. Most Australian inventors start with one of four main types of patent applications:

• Provisional (lasts 1 year, most affordable, provides opportunity for further invention developments to be incorporated)
• Innovation (lasts 8 years, most affordable, for helpful but otherwise obvious ideas, Australia only)
• Standard (lasts 20 years, moderate cost)
• PCT International (lasts 1.5 – 2.5 years, high cost, most attractive to investors)

To Do:

Consult a patent attorney as to what type of patent application you should file.

If you are looking at commercial goals number 1 or 2 AND there has not been any prior disclosure of your idea then generally a provisional patent application is the best type of patent application to file.

If you are looking at commercial goals number 3 or 4 AND are only interested in the Australian market then generally you would choose between filing an innovation patent or a standard patent.

If you are looking at commercial goals number 3 or 4 AND have an international market then generally you would choose between filing a provisional patent application or a PCT international patent application.

Why Baxter IP?

• Our staff collectively have over thirty five years experience in obtaining international patent protection for new inventions.
• Our team of patent attorneys all have real-world experience having worked in-house at research and development companies.
• We specialise in International patent protection:
  • Experienced in drafting in both a US & European style
  • Provisional patent applications are prepared thoroughly to an international standard
  • We brainstorm to attempt to anticipate loopholes and then seal them up

How Much?

Baxter IP provides a fixed quotation on preparing and filing patent applications. Typically, for a single idea:

• Provisional patent applications can range between $2,500 and $10,000
• Innovation patent application can range between $2,000 and $6,000
• PCT international patent applications range between $10,000 and $25,000

The amount quoted will depend on technology, complexity, level of detail required and timeframe.

Click here to contact one of our experienced patent attorneys to find out more about how you can protect your idea and for a quote

We’ve tried to make the process as straightforward as possible – here’s what’s need to be done: