Patent and Trade Marks Attorney

Enforcing a Patent

The patentee may sue a competitor for infringement following unauthorized sale, use or manufacture of the patentee's invention in Australia. The patentee should commence infringement action promptly because all IP rights must be exercised within six years of the infringement taking action.

In Australia, annual renewal fees must be paid from the fourth anniversary of the filing date to keep the patent in force, otherwise the patent may lapse and would not be enforceable. Upon expiry of the patent, any person may exploit the invention without seeking permission from the patentee.

What is a Patent?

A patent is a monopoly granted to the owner of the invention (patentee) by IP Australia, Australian Patent Office. Typically, the patentee obtains exclusive rights to exploit the invention for 20 years. In return, the patentee provides the public with a best method of how best to work the invention.

introduction to patents

Getting a Patent

A patent application may be filed by any person at the Australian Patent Office. There are two types of patent applications: a standard patent, normally utilized for the long term 20 year protection of the invention, and an innovation patent, generally possessing a lower threshold of inventiveness, and which expires after 8 years.

The patent application must be filed in the prescribed form consisting of a complete patent specification which describes the invention sufficiently to the person skilled in the art to understand and implement it, including the best method known to the applicant of performing the invention, and including one or more claims which clearly define the scope of the monopoly and which are fairly based on the disclosure in the patent specification. This application is normally preceded by the filing of a provisionalapplication describing the invention, thus allowing the applicant to delay filing of the complete specification by up to 12 months.

In order to obtain patent protection outside of Australia, an International application may be filed by the applicant/inventor, under the Patent Cooperation Treaty (PCT), allowing automatic designation in over 125 countries. The applicant at a later stage must elect countries so that the application may enter national phase (ie. into individual countries or jurisdictions) for further processing and examination to become a patent to be effective in that jurisdiction.

Why do I Need a Patent?

A patent enables the inventor to obtain a monopoly and thereby exploit the invention, deters competitors from entering into the niche market secured by the inventor and provides a leverage into placing the inventor in a stronger position in terms of negotiating deals related to licensing and  assignments.

What is a Patent Attorney?

Patent attorneys are professionals who possess expertise in drafting complex documents, including patent specifications. Jogias engages the services of a team of experts who are able to assist in preparing, drafting, filing and prosecution of patent applications.