Australian & International Patent Protection Services
Patent Preparation Lodgement Examination Opposition Monitoring Licensing Enforcement
Simplify Your Success –ย Let Wynnes take the complexity out of IP protection
Our Patent Attorneys are available for a free consultation. We are happy to discuss your situation with you in person, over the phone, or online.
Expert Legal Advice for Your Innovations
At Wynnes, we pride ourselves on offering expert patent services to inventors, businesses, and innovators in Brisbane, Queensland, and across Australia. As a leading Patent Lawyer in Brisbane, our team provides comprehensive legal guidance to help you navigate the complexities of patent law and protect your intellectual property.
Understanding the Difference: Patent Lawyer vs. Patent Attorney
It’s essential to understand the distinction between a patent lawyer and a patent attorney, as each plays a crucial role in the protection of your intellectual property:
- Patent Lawyer: A patent lawyer is a qualified legal professional who specialises in patent law. They have completed a law degree and are admitted to practice law in their jurisdiction. Patent lawyers can offer legal advice, represent clients in court, and handle legal disputes related to patents.
- Patent Attorney: A patent attorney, on the other hand, is a specialist who has a technical or scientific background, along with qualifications in patent law. They are registered to act before the patent office to file and prosecute patent applications. Patent attorneys focus on the technical and procedural aspects of securing patents.
At Wynnes, our team includes both patent lawyers and patent attorneys, ensuring you receive well-rounded, expert advice for all your patent needs.
Is your invention patentable?
The invention must also be novel, have an inventive step (or innovative step depending on the type of patent application), be useful and be a manner of manufacture. The requirements are set out in theย Patents Act 1990ย and interpreted through the relevant case law.
In effect, the granting of a patent is a reward for introducing new technology into the country.
Advantages of a patenting your invention
If you have developed a niche product or process, you must protect it to own it and control it, so that you can use it to make money by delivering a product that only you can provide.
A patent provides the patentee with a monopoly to exclusively exploit an invention. In practice, the patent provides the patentee with a market advantage over the patenteeโs competitors and gives the patentee time to secure market leadership in the relevant area of technology. A patent gives the patentee the exclusive rights to make and sell their invention. ย With a patent no one can legally copy the invention without obtaining authorisation from the patentee.
Furthermore, a patent is a legal right that may be assigned or licensed to others in consideration for an agreed sum of money.
If you have not patented your invention before releasing it to the public, you will surrender any rights that you would have to your innovation.ย Public disclosure of an invention will allow your competitors to freely use it for their commercial benefit.ย You will not be able to backtrack and apply for a patent for a publicly disclosed innovation at any point in the future.
Prior to receiving your patent acceptance, a Non-Disclosure Agreement (NDA) should be signed before sharing any details of your invention with anyone.
Applying for a Patent in Australia
The preparation and filing of an application for a patent is the first stage in seeking patent or exclusive rights for your invention. ย The quality of the patent and its ability to withstand validity examination will depend on how well it is drafted. The value of the invention is dependent on the quality of the patent specification and a patentee will only be paid money if the patent can not be found to be invalid or bypassed. ย The quality of the patent specification is pivotal and we at Wynnes recognise this fact and only prepare patent specifications to the highest level of quality.
The patenting process is a dynamic process and the strategy adopted in following a patent program will depend largely on the changing commercial realities of the market place and the relevant technology. At any stage, however, the patenting strategy can be changed and it is recommended that a six monthly review of the situation should be made to confirm whether to proceed to the next stage.
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Provisional Patent Application
A provisional patent application is an initial patent application that secures a priority date and initiates the procedure in obtaining a patent. A provisional patent application is a comparatively inexpensive patent application that allows the applicant time to commercially assess the invention before proceeding to the next stage. A provisional patent application has a term of twelve months. In order to maintain the priority date and have continuing effect, a complete patent application which is associated with the provisional patent application must be filed before the expiry of the twelve months period.
2.ย Complete Patent Application
(i)ย Standard Patent Application
A standard patent application is an application that may be associated with a provisional patent application or filed in the first instance. Unlike the provisional patent application, the standard patent application has a set of claims, which defines the patent monopoly sought by the applicant.
The standard patent specification is published 18 months after the priority date.
Within prescribed time limits, the standard patent application is examined for compliance with the statutory requirements. An official report is issued either accepting the application or objecting to the acceptance of the application on statutorily defined grounds. The applicant has an opportunity to respond to the objections. This process is called the prosecution of the application. It is not uncommon for the examiner to issue one or more adverse reports. During the prosecution of the application, the Patent Examiner endeavours to restrict the scope of the patent monopoly while the applicant tries to obtain the broadest monopoly possible.
When the patent application is accepted, the application enters a three month opposition period during which a third party may oppose the granting of a patent on the application. An opposition can only be mounted on statutorily defined grounds. Compared to the number of patent applications which are filed very few applications are opposed.
After the opposition period has expired and if there are no opposition proceedings pending, the application proceeds to grant and a patent is issued. The term of a standard patent is twenty years from the filing date of the complete patent application. This period may be extended to a further five years in special circumstances.
The period between filing a standard patent application and obtaining a granted patent may vary between one to five years or longer. The variation in the length of time before a patent is granted depends on whether examination is expedited, the number of reports issued, the length of time before a response is filed and whether opposition proceedings are initiated. There may be commercial reasons to accelerate or delay the obtaining of a granted patent for an invention.
(ii)ย International Patent Application
An international patent application is a patent application under the Patent Cooperation Treaty (PCT) that can be filed with the Australian Patent Office and designating one or more of the countries which are party to the Treaty.
There are currently overย 145 states party to the PCT including United States of America, Europe, Japan and China.
An international search report (ISR) and related written opinion will subsequently issue and the applicant has the further option of requesting international preliminary examination. The international preliminary examination must be requested within twenty-two months of the priority date or within three months of the ISR which ever is later. With international preliminary examination, the patentability of the invention described and claimed can be assessed and if deemed advantageous, amended, prior to the application entering the national phase stage.
At the national phase stage, the application must enter into one or more of the designated countries. If international preliminary examination has been requested national phase entry can be effected at any time up to 30/31 months from the priority date of the international patent application. If international preliminary examination has not been requested then national phase entry must be effected by 20/21 months after the priority date. Each national phase application will then be examined and prosecuted to grant before the relevant examining authority in the designated country.
Advantages of filing an international patent application compared with the filing of an application directly into a designated country include:
- providing an additional 18 months in which to determine the commercial success of the invention and to identify countries which will with time prove to be successful markets for the invention before incurring the considerable expenses in filing national phase applications, and
- being aware of relevant prior art identified in the international search report and objections raised during international preliminary examination that may also be raised during national phase examination. During international preliminary examination there is an opportunity to amend the specification and claims to avoid similar objections from being raised during national phase examination.
Patent Applications in Overseas Countries
A patent application may be filed in an overseas country with the filing of a national phase application during the national phase stage of the international patent application or directly with a separate application.
Patents are normally granted on a national basis. It is worth noting, however, that a European patent coveringย 38 member countries (and 2 possible extension states) may be granted from a single regional patent application. Regional patents may be granted in some African countries and some former Soviet states. However, there is no such thing as a world or international patent.
Patent applications in overseas countries are filed through our extensive network of patent associates in each country.
Making adjustments to pre-existing patents
If you have changed a process or look and feel of a product, introduced new product lines, your existing patent may no longer cover your commercialised product.
You will need to reassess whether your existing patent protection covers the new, altered version of the product.
Expertise Across Various Industries
Our patent attorneys have expertise in a wide range of industries, including:
Our team has in-depth knowledge of biotechnology patents, helping you protect groundbreaking innovations in life sciences and pharmaceuticals.
We provide expert patent services for IT inventions, ensuring your software and hardware developments are fully protected.
With extensive experience in engineering patents, we secure your mechanical, electrical, and civil engineering innovations.
Our attorneys specialise in medical device patents, safeguarding your cutting-edge healthcare technologies.
We help protect consumer product inventions, from household items to electronics, ensuring your products stand out in the market.
No matter the industry, our team has the expertise to protect your innovations effectively.
Register A Patent For Your Invention
There are many benefits of patent protection including:
- Setting your business apart from your competitors;
- Providing exclusive rights to your invention;
- Forming part of your marketing and branding messages;
- Formally recognising it on your balance sheet as an asset;
- Preventing new entrants or competitors taking away/over your hard work.
Our IP Australia Patent search and registration service will put you on the right path!
At Wynnes, our team of experienced attorneys can provide a free initial patent search help you to navigate the process of registering and managing your patents.
Comprehensive Patent Services in Brisbane
Our services cover every aspect of the patent process, including:
- Patent Searches: Conducting thorough searches to ensure the novelty of your invention.
- Patent Drafting: Crafting precise and comprehensive patent applications to meet the stringent requirements of patent offices in Australia and beyond.
- Patent Filing: Managing the entire filing process to secure your patent rights efficiently.
- Patent Prosecution: Navigating the examination process, responding to objections, and ensuring your patent is granted.
- Legal Advice: Providing expert legal counsel on patent infringement, enforcement, and litigation.
Serving Brisbane, Queensland, and Australia
Wynnes is conveniently located in Brisbane, allowing us to provide personalised services to local clients while also serving innovators throughout Queensland and across Australia. Our deep understanding of the Australian patent system and international patent laws ensures that your intellectual property is protected on a global scale.
Navigating the Patent Process with Wynnes
Securing a patent is a multifaceted process that requires meticulous attention to detail and a deep understanding of patent law. At Wynnes, we guide you through each step, from the initial consultation to the final grant of your patent. Our goal is to ensure that your intellectual property is robustly protected, providing you with the confidence to commercialise your invention.