Patent Attorney

Fuss-free Representation
Book an appointmentrequest free Patent pack

Fellow & Member

The Institute of Patent and Trade Mark Attorneys of Australia

Click here to view Fellow Registration

What is a Patent?

A granted patent provides enforceable rights for an idea, device, substance, method or process.

For your application to be successful, your invention must be new, useful and inventive or innovative.

Can I D.I.Y.?

Yes, but the risks are substantial.

Handling the process yourself can be difficult, and there is the risk that you forgot an important step or took the wrong step without knowing.

We are specialists in patent law, ensuring all your legal obligations are met and maximising the protective value by accurately defining the content of the patent application.

Did You Know?

Successful patents can be sold or even licensed, earning you income.

Subscribe to Newsletter

Talk to a Patent Attorney

Request Free Patent Pack


I have an idea that I want to protect, what should I do?

Don’t Lose Your Idea to a Friend – Consult with us first!

Patent protect your invention or idea today with a Patent Attorney before you disclose your idea to anyone.

Our Patent Attorneys will investigate to provide a patentability assessment.

This will save you from wasted time, effort and money.

Prior disclosures or sales can invalidate your patent application.

When should I patent an idea or invention?

Patent rights must be lodged before you
use, trade, disclose or sell, or offer to sell the idea.

What are the risks of doing Patent it myself?

It is dangerous to take such a complex area and try it yourself because if you get it wrong, the owner of the Intellectual Property Rights has the the Rights to sue you, and can claim your personal assets, house, car, shares, super, etc. Even being a Director won’t save you as can be clearly shown in 2017 by Federal Court Decision CLIPSAL vs CLIPSO.

Still, we find countless people without legal degrees forming incorrect views on results they have found. Either dangerously thinking a result is different enough, or justifying it for reasons which do not exist in the legislation, or dismissing it on the basis that another business may be doing it (in which you can all be sued), or thinking that ASIC Business names gave you rights.

Equally people do not know that IP Australia, the Government body who date stamps applications, do not check the applications for legal correctness, and whilst they look for conflicts with what you have lodged, they do not warranty that they have made the correct decision in accepting and granting you rights. What often happens is Court will look at the rights to see if they are legally correct, and if not, they will void the rights and order IP Australia to cancel. Unfortunately this happens all too often.

Why should I patent an idea or invention?

Innovators or inventors come up with an idea and say its theirs but it may actually already be protected by someone else in the form of Intellectual Property Rights.

Additionally they may take the wrong steps which void their right to apply for Intellectual Property Rights. There are many but to name one, disclosing your idea before filing a Patent Application can void the right to apply for the Patent in most countries.

Not many people turn ideas into a fortune – mostly it just stays an idea because we aren’t sure how to take it to the next level or protect it from being stolen by a multinational corporation.

How do I patent my idea or invention?

So you have an idea for an App for a Mobile, an idea for Business, a system or product but don’t know where to turn and are worried about it being stolen by others without getting anything at all.

Unfortunately this happens all too often.

Booking a Patent Attorney at an early stage is essential to avoid voiding or creating issues with rights that are applied for.

These legal content or wrong usage issues are not looked into by Government and ARE looked at during Court and Opposition proceedings raised by rivals when disputes arise.

What are the requirements for a Patent?

There are many requirements, the hardest to satisfy being worldwide novelty and inventiveness.

Other more difficult concepts which are essential to a Patent include sufficiency, manner of manufacture and fair basis.

The only way to have all requirements met is to study the legislation and the changing Court decisions on each of these requirements.

What type of Patents exist?

As of 2018, there are four main patent types in Australia:

-Provisional Patent (pending) – Lasts 12 months
-Innovation Patent – Lasts 8 years.
-Standard Patent – Lasts 20 years.
-Pharmaceutical Patent – Lasts 25 years.
-Patent Cooperation Treaty (PCT) Patent – Lasts 18 months.

It is highly likely that in 2018, the Australian Innovation Patent will be abolished, removing the ability for Inventors to protect more simple ideas.

What are your Patent Services?

Our Patent Services include:

-Conduct detailed novelty searches.

-Provide patentability assessments.

-Conduct Australian patent infringement searches.

-Prepare patent applications.

-Develop patent protection strategies for companies.

-Ensure registration, renewal and other deadlines are met.

-Handle Patent Office refusals of patent applications.

-Conduct patent audits (sale of patent rights).

What is the Patent Act?

The Patent Act was developed to provide the Inventor with sufficient time to exploit their idea exclusively of rivals, so as to recoup their costs to research and develop the idea.

In return the Inventor is required to sufficiently disclose the Invention and how to make and run it.

Unfortunately many Inventors miss that the Patent MUST BE lodged BEFORE you disclose, sell, hire or otherwise exploit the invention, otherwise you generally forfeit in most countries your right to a Patent.

Who are Patent Attorneys?

Often people consider that lawyers are the go to person to Draft a Patent. In Australia there is a specialised Patent Attorney Degree which is different to a General Law Degree.

A Patent Attorney drafts, files, advises and prosecutes patents for inventions , ideas and innovations. In addition, where there are infringements, Patent Attorneys advise on what to do and can represent in Court, although they usually form part of the legal team in most cases.

Patent Attorneys have the Right of Privilege in their communication with clients on intellectual property matters.

Privilege means a Patent Attorney can discuss any aspect of a client’s business in complete confidentiality.

Attorneys are not compelled to reveal elements of these discussions – or advice given – in any court.

The other difference with a lawyer or solicitor, is that a Patent Attorney has to have a separate technology Degree (usually with Honors or PhD), in Science, Engineering, Software, etc.

To qualify to Register as a Patent Attorney, they must have the technology Degree and have the Patent Attorney qualify, then they apply to Register as a Patent Attorney through the Professional Standards Board.

What is Patent Law?

It is difficult for people to understand the Patent Laws, how they change, and how they are interpreted by the Courts during infringement cases.

Our patent attorneys will draft the correct content for patent applications, taking your headache away.

What is a Patent Office?

The Patents Office is a processing station for patent applications, but they do not provide legal advice.

IP Australia also do not review whether your patent adequately reflects the invention and whether it meets all the Patent Act requirements.

What is The Institute of Patent and Trademark Attorneys of Australia?

Analogous to the Chartered Accountants of Australia for Accountants, the Institute of Patent and Trade Mark Attorneys of Australia is the representative body for Australian patent and trade mark attorneys.

Patent Attorneys must be Registered for a minimum of 5 years to be a Fellow.

The Director of Australian Patent & Trademark Services is a Fellow.


(Postal) PO Box 688, North Adelaide

(By appointment only)
82 Ifould Street, Adelaide SA 5000

+(61) 1300 138 802

Copyright © 2006-2018 by Australian Patent & Trademark Services Pty Ltd. All rights reserved. ABN 60 163 300 436