Frequently Asked Questions (FAQs) about Patents and Trade Marks
Patents
1. I have a new invention, how do I protect it?
You can protect an invention with a patent. A patent can protect any device, substance, method or process which is new, inventive and useful.
2. How do I know if anyone else has done the same thing before?
We can conduct a patentability search for you. A patentability search is designed to search for any prior disclosure of your invention which may prevent you from obtaining a valid patent due to lack of novelty and/or inventiveness.
3. Is your patent search world-wide?
Yes, our patentability search involves conducting a search of international patent databases and an internet-based search to search for any relevant prior art.
4. What is the first step to obtain patent protection?
Usually the first step in the patent application process is filing a provisional application. The main purpose of the provisional application is to establish a “priority” date, and provide a basis for a later-filed complete application. The “priority” date is the filing date of the application, and is the date from which your protection begins.
Alternatively, it is possible to file a complete application for a standard patent straight away in the country(s) of interest. This would generally arise where the invention is already fully developed, and you are confident you know what the inventive aspects of your invention are.
5. Will a patent protect me internationally?
There is no such thing as a world-wide patent. Patent protection must be obtained in each country of interest. There is however, an international application (PCT Application) which provides a streamlined and cost-effective means for filing in multiple countries. Ultimately, this system requires you to select the countries in which you actually wish to pursue patent protection.
6. How long does the patent process take?
In Australia, the period of time from filing a standard patent application to having your patent granted is anywhere between 2-5 years. There are steps we can take to expedite proceedings however, it will still take some time to obtain a granted standard patent.
If you need a granted patent fairly quickly you may wish to consider an Innovation Patent.
7. When can I start speaking to people about my invention?
It is important to keep your invention confidential prior to filing a patent application. Early public disclosure of your invention may result in the patent being invalid or reduce the scope of protection obtainable for the patent.
8. Do I need a Patent Attorney?
A patent attorney has the necessary legal and technical qualifications to assist you in protecting and exploiting your invention. Not only can we can study and analyse scientific or technical documents, including previously published patents, to assess whether an invention is new and innovative, but we will also ensure your patent specification is properly drafted to adequately cover your invention and afford you the broadest scope of legal protection for your invention, to prevent someone else appropriating the idea and implementing it slightly differently.
9. What does it cost to do a search and/or file a provisional patent application?
The cost for us to conduct a preliminary patent search is $550 (including GST). The cost for us to prepare and file a provisional patent application is $2530* (inclusive of our service fee, GST and official fee).
*Excludes business method, ICT and chemical/biochemistry/biotechnology related patents.
You can protect an invention with a patent. A patent can protect any device, substance, method or process which is new, inventive and useful.
2. How do I know if anyone else has done the same thing before?
We can conduct a patentability search for you. A patentability search is designed to search for any prior disclosure of your invention which may prevent you from obtaining a valid patent due to lack of novelty and/or inventiveness.
3. Is your patent search world-wide?
Yes, our patentability search involves conducting a search of international patent databases and an internet-based search to search for any relevant prior art.
4. What is the first step to obtain patent protection?
Usually the first step in the patent application process is filing a provisional application. The main purpose of the provisional application is to establish a “priority” date, and provide a basis for a later-filed complete application. The “priority” date is the filing date of the application, and is the date from which your protection begins.
Alternatively, it is possible to file a complete application for a standard patent straight away in the country(s) of interest. This would generally arise where the invention is already fully developed, and you are confident you know what the inventive aspects of your invention are.
5. Will a patent protect me internationally?
There is no such thing as a world-wide patent. Patent protection must be obtained in each country of interest. There is however, an international application (PCT Application) which provides a streamlined and cost-effective means for filing in multiple countries. Ultimately, this system requires you to select the countries in which you actually wish to pursue patent protection.
6. How long does the patent process take?
In Australia, the period of time from filing a standard patent application to having your patent granted is anywhere between 2-5 years. There are steps we can take to expedite proceedings however, it will still take some time to obtain a granted standard patent.
If you need a granted patent fairly quickly you may wish to consider an Innovation Patent.
7. When can I start speaking to people about my invention?
It is important to keep your invention confidential prior to filing a patent application. Early public disclosure of your invention may result in the patent being invalid or reduce the scope of protection obtainable for the patent.
8. Do I need a Patent Attorney?
A patent attorney has the necessary legal and technical qualifications to assist you in protecting and exploiting your invention. Not only can we can study and analyse scientific or technical documents, including previously published patents, to assess whether an invention is new and innovative, but we will also ensure your patent specification is properly drafted to adequately cover your invention and afford you the broadest scope of legal protection for your invention, to prevent someone else appropriating the idea and implementing it slightly differently.
9. What does it cost to do a search and/or file a provisional patent application?
The cost for us to conduct a preliminary patent search is $550 (including GST). The cost for us to prepare and file a provisional patent application is $2530* (inclusive of our service fee, GST and official fee).
*Excludes business method, ICT and chemical/biochemistry/biotechnology related patents.
Trade Marks
1. How do I protect my brand name and/or logo?
A trade mark registration provides you with the exclusive right to use a name or logo in relation to specified products or services in the country of registration.
2. I have already registered my business name, do I still need to register my trade mark?
Business name registration is a State requirement if you are trading under a name other than your own. Business name registration does not provide any proprietary rights to a name.
3. How do I know if the name I want has already been taken?
We can conduct searches of the Trade Marks Register and/or marketplace to identify any identical or similar trade marks which could be problematic to registration of your proposed mark.
4. Can I file a trade mark application myself?
We recommend that you engage the services of a qualified Trade Mark Attorney to file a trade mark application. A Trade Mark Attorney will ensure your specification of goods and services is properly drafted to afford you the broadest scope of legal protection for your trade mark for your current and intended business activities.
5. How do I protect my trade mark overseas?
Trade Mark protection must be obtained in each country of interest. There is however, an international application (Madrid Protocol Application) which provides a streamlined and cost-effective means for filing in multiple countries. A benefit of the international application is that you can add other Madrid Protocol countries at a later date as you expand into other markets.
6. How long does a trade mark registration last?
A trade mark registration lasts for a period of 10 years and can be renewed indefinitely upon payment of renewal fees every 10 years.
7. How much does it cost to file a trade mark application?
We offer a free preliminary search of the Trade Marks Register. The cost for us to prepare and file a trade mark application is $500 (including GST) and an official fee of $250 (with picklist) or $400 (without picklist) per class of goods and services. Unlike many firms, we do not charge additional fees for filing in more than one class.
A trade mark registration provides you with the exclusive right to use a name or logo in relation to specified products or services in the country of registration.
2. I have already registered my business name, do I still need to register my trade mark?
Business name registration is a State requirement if you are trading under a name other than your own. Business name registration does not provide any proprietary rights to a name.
3. How do I know if the name I want has already been taken?
We can conduct searches of the Trade Marks Register and/or marketplace to identify any identical or similar trade marks which could be problematic to registration of your proposed mark.
4. Can I file a trade mark application myself?
We recommend that you engage the services of a qualified Trade Mark Attorney to file a trade mark application. A Trade Mark Attorney will ensure your specification of goods and services is properly drafted to afford you the broadest scope of legal protection for your trade mark for your current and intended business activities.
5. How do I protect my trade mark overseas?
Trade Mark protection must be obtained in each country of interest. There is however, an international application (Madrid Protocol Application) which provides a streamlined and cost-effective means for filing in multiple countries. A benefit of the international application is that you can add other Madrid Protocol countries at a later date as you expand into other markets.
6. How long does a trade mark registration last?
A trade mark registration lasts for a period of 10 years and can be renewed indefinitely upon payment of renewal fees every 10 years.
7. How much does it cost to file a trade mark application?
We offer a free preliminary search of the Trade Marks Register. The cost for us to prepare and file a trade mark application is $500 (including GST) and an official fee of $250 (with picklist) or $400 (without picklist) per class of goods and services. Unlike many firms, we do not charge additional fees for filing in more than one class.
