Patenting Inventions
What is a patent?
A patent is an exclusive right granted for an invention to be used. An invention may be a new product, or a process that provides a new way of doing something, or a new technical solution to a problem. The protection is granted for a limited period, generally 20 years, in return for which the owner of the invention must lodge a detailed description of the invention on the public record. Patents can be bought, sold, or licensed - identical to anything else you own.
Gaining a patent
In Australia, the Patents Act 1990 governs the requirements for obtaining a patent, as well as the processes involved in filing for patent protection.
There are two parts to a patent. There are the detailed specifications which outline the invention, and the claims which identify what is in fact being claimed for ownership. In order for something to be patented in Australia, a number criterion must be met, some of which are:
Must be novel (ie not seen before anywhere)Must involve an inventive step (ie the inventor has made real progress in improving something or solving a problem Must have a utility (ie a useful application)Patent application begins with filing a Provisional application.Within 12 months of filing the Provisional patent, a complete patent with a detailed specification and claims section is required to be filed.
Once a complete patent application is filed, the patent undergoes examination at the Australian government patent office, IP Australia. If successful, a patent will be granted which entitles the owner to a 20-year monopoly over the invention claimed in the patent. No one else can use the invention without paying for a licence from the owner.
Australia is a signatory to the Patent Cooperation Treaty (PCT). The PCT simplifies and reduces the cost of obtaining international patent protection. The PCT allows an Australian inventor to file onIy one international patent application which simultaneously seeks protection for an invention in over 100 countries. However the PCT is not a world patent. Later in the process the patent applicant or owner must file in all the countries it chooses.
Advantages
1. Patents offer incentives for innovation. In return for disclosing the invention to the public, a patent (which is legally enforceable) is granted and gives the owner the exclusive right to commercially exploit the invention for the life of the patent. This means the rights to the patent can be sold or licensed and the owner can make money from it.
2. Society benefits because the detailed knowledge in the patent is available to all. Making such information freely available promotes the refinement and further advancement of the discovery.
3. Once there is commercial production (and/or licence) of the invention, the commercial owner will gain financial benefit. Whether or not the inventor receives anything will depend upon the agreement that is in place with the "owner".
Disadvantages
The process of applying for a patent is long, detailed and expensive. There are costs for using patent attorneys to draft your patent, costs of filing the patent, having it examined and annual fees for the maintenance of the patent which increase each year.
Patent searches
The patent databases of different countries contain a wealth of information that may not be published in scientific literature. Researchers always have to do an extensive literature survey before they design a new project. Researchers, especially those involved in commercially-focused projects, should also undertake detailed searches in patent databases for the information that has been disclosed in patent applications.
For more information on patenting, visit www.ipaustralia.gov.au
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