WHAT IS A PATENT?

PLEASE NOTE: THE FOLLOWING IS FOR INFORMATION PURPOSES ONLY. ONLY PATENT ATTORNEYS MAY PROVIDE ASSISTANCE & ADVICE IN THIS AREA - PLEASE CONTACT OUR OFFICE FOR A REFERRAL IF REQUIRED

A patent is the registration and therefore the right granted to a device, method or process, which is new, innovative and useful. It is legally enforceable and gives the owner exclusivity in the commercial exploit of the invention for the life of the patent.

In Australia, there are two ways you can register a patent:

1. A standard patent, which provides long term protection of your invention for up to twenty years

2. An innovation patent, which is a quicker and less costly option, lasting for a maximum of eight years

An innovation patent is designed to protect an invention that does not sufficiently meet the requirements of registering a standard patent.

Patents give protection if you have an invention that will lead to a product or device or process with long-term commercial gain. When filing an application you must share the full details of the invention and be able to explain how it is new or improves upon an existing invention. This information will be made available to the public.

You cannot patent the following:

• Artistic creations
• Mathematical models
• Plans or Schemes