Patent and Trade Marks Attorney
Here are some answers to frequently asked questions to get you started. We advise that any material provided here is for general purpose and that you should seek professional advice relevant to your specific circumstances.
What do I need to do to obtain protection for my idea such as an invention?
The first step is to ensure that the idea meets the requirements for patentability, i.e. the idea is at least new and not known to others. To establish this requirement, it is necessary to conduct a search of the literature including patent documents to locate relevant published material in the art. At Jogias, we provide a search service to establish newness or novelty aspects of an invention. The next stage would be to file a patent application such as a provisional in Australia.
Can I obtain patent protection worldwide?
Each country would require filing of a national patent application and which would be examined according to their respective patent law. While there is no "worldwide" patent as such there is provision to apply for an international patent application which allows access to major jurisdictions.
Can I tell others about my idea?
A patent idea should not be disclosed to others prior to filing of a patent application, generally. There is provision for disclosure in confidence to third parties. However, the inventor needs to ensure that the idea is NOT published for public viewing prior to filing. Any business transaction or sale of the product based on the idea, for example, or commercialisation of the product should only commence after filing of the patent application.