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PATENTS - WHAT IS A PATENT
A patent is a right granted for a device, substance, method or process which meets the patentability requirements (i.e. it is new, innovative or inventive and useful, etc.).

It is legally enforceable and gives the owner the exclusive right to commercially exploit the invention in Australia for the life of the patent.

In return, applicants must share their know-how by providing a full and clear description of how their invention works. This information becomes public knowledge and can provide the basis for further research by others. Patent protection can also be obtained overseas.

Patents are effective protection if you have invented a new technology that will lead to a product, composition or process with significant long term commercial gain.

You cannot patent:

  • artistic creations,
     
  • mathematical models, plans, schemes or other purely mental processes.

We can provide advice in relation to the eligibility of your idea for patent protection. You may also want to consider a design registration in combination with a patent application, which will additionally protect the visual appearance, look or feel of your invention. See our Designs page for more information.

If you have developed a new product or process, the issue of patenting should be considered as an integral part of your overall business strategy together with factors such as profit potential, finance, production and marketing.

In all cases, before we advise proceeding with formal protection, we strongly advise that a Patent Search is undertaken, in order to avoid unnecessary investment costs.
 

   

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