Patenting a new idea in Australia or internationally is a relatively straightforward process when working with an Australian patent attorney. The patent process is not one to be embarked on without the advice of a patent attorney as your patent application needs to establish a watertight foundation for the IP rights you are seeking.
Search
A patentability search is performed. It is optional but recommended.
(1 month)
Drafting & Filing
Your patent attorney writes your patent application in consultation with you. They file it at the patent office.
(6-12 months)
Examination
The Patent Office checks whether your patent application meets the legislative requirements.
(15 months)
Grant
If your patent application meets the legislative requirements, it is granted.
(4 years validity)
Renewal
Renewal fees are paid to keep your patent in force (generally annually).
Without a patent application, you cannot (normally) sell or licence your new idea as there is no reason why a third party would not just copy it without paying you any fee.
In most businesses, profits are very much tied to the margin created between the sale price of its products and the expenses associated with supplying them. A small difference in price point can lead to a large difference in profit margin. That is, if the cost to supply a product is $10 and it is sold for $11, there is a 10% profit margin, but if it were to be sold at $12, there is a 20% profit margin which equates to a 100% increase in profit.
If a patent is granted on your new idea, you will be able to stop a third party copying it. Where you are able to stop a third party copying your new idea, you will have a monopoly over the sale of the new idea and can therefore dictate the sale price. This is why products that are patented generally sell at much higher profit margins than products that are not patented.
Filing a patent application does not automatically result in any income. Businesses create income. The question therefore becomes, how can your business take advantage of (i.e. commercialise) your patent application once filed?
Patent applications are normally commercialised by:
There are 3 basic tests a patent application needs to meet in order to be successfully granted:
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.
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.
Whilst there are numerous types of patent applications that can be filed, the majority of new entrepreneurs start with a provisional patent application and then file a PCT International patent application. For completeness, there are 4 main types of patent application that can be filed in Australia:
Baxter IP provides fixed-fee or capped-fee quotations for preparing and filing patent applications. Typically, for a single idea:
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 patent application process as straightforward as possible – here’s what needs to be done:
Send Client Agreement and Quotation
Sign Client Agreement, return it to Baxter IP, and pay Quotation
Start drafting specification
(3 weeks)
Complete drafting specification and forward it to you for review and send invoice for balance
Provide any amendments, discuss any questions
Send revised draft
Pay invoice balance
(Due the earlier of 14 days after Step 4 or 3 days prior to filing)
File application and send reporting email
(2 weeks)
Send full filing details including application number
(Click on the image to zoom)
The entire patent process on how to patent an idea or a product can be expressed simply as 4 distinct stages. To learn more about each stage please click on one of the links below:
Australia is in a strong position to continue to exploit developments in intellectual property in Quantum Mechanics. In this Article, Baxter IP Director, Martin Earley, provides an overview of innovation and future applications in this space.
Like many jurisdictions, patentable subject matter has changed, but does differ somewhat from other jurisdictions. It is now important to draft biotechnology patents to accommodate these differences around the world.
Unlike established businesses that normally have their IP activities documented in detail by experienced staff, most start-up companies do not have a comprehensive understanding of their IP. This means the traditional questionnaire-centered IP audit approach will not work because the questions may not be interpreted properly, and the answers may not be accurate due to lack of IP experience and valid IP record.
The Australian government has proposed a tax return form that will allow innovators in the medtech and biotech industries to get a tax rebate on revenue from the commercialisation of patented technology.
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