Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In Cambridge, Australia, patent law is regulated by the Australian Patent Office, which is part of IP Australia. Patents protect the original inventions of inventors, providing them with exclusive rights to exploit their inventions commercially for a certain period of time. Patent law encompasses two types of patents: standard patents and innovation patents.
You may need a lawyer if you're applying for a patent, faced with patent infringement issues, or dealing with complex intellectual property matters. Applying for a patent can be a complex process involving detailed understanding of patent law and procedures. In case of patent infringement, a lawyer can guide you through the legal proceedings, handle disputes, and strategize a better defense or claim. Similarly, a patent lawyer can ensure your innovations are well-protected and maximized for commercial advantage.
Under Australian law, a patentable invention needs to be new, inventive (or innovative in the case of innovation patents), and must be something that can be made or used in an industry. The invention should not have been publicly disclosed before the filing date. Innovation patents have shorter terms and require a lower threshold for innovation. It's important to understand these particulars to ensure your invention fits in the legal framework of patenting.
1. How long does a patent last in Australia?
A standard patent lasts for up to 20 years, while an innovation patent is valid for up to 8 years.
2. Can I apply for a patent online?
Yes, you can apply for a patent online through the official website of IP Australia.
3. How can I defend my patent?
Engaging a patent lawyer to handle potential infringements is advisable. They can help file legal suits and shepherd you through the entire legal process.
4. When can I start using the patent rights?
You can start enforcing your patent rights once your patent application is granted.
5. Is my Australian patent valid worldwide?
No, your Australian patent protection is only valid within Australia. You have to seek patent protection individually in each country where you want to protect your invention.
You can refer to IP Australia website that provides comprehensive details about patents. For research and seeking legal updates, Australian Patent Law blog or Australia's Intellectual Property Blog can be insightful. Also, for seeking expert assistance, you can contact The Law Society of New South Wales or the Institute of Patent and Trade Mark Attorneys of Australia.
If you need legal assistance for patent, consider hiring a specialist patent lawyer. They can guide you through the process of applying for a patent, ensure compliance with legal proceedings, and represent you for any disputations. Before enlisting their services, ensure they are registered with the Trans-Tasman IP Attorneys Board. Always keep a clear communication about your invention particulars, expectations, and services charges.
