How to Patent your idea or invention?

Patent rights must be lodged before you

use, trade, disclose or sell, or offer to sell the idea

Fellow & Member of

The Institute of Patent and Trade Mark Attorneys of Australia

How to Patent your 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.

So where do the problems lie?

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.

Professionals take the stress out of two very difficult and legally complicated steps:

Step 1

Guide you through the maze of database results to find conflicts and identify any close enough results which impact you.

Step 2

Ensure all the legals are correct in your Intellectual Property Applications, AND to supply you with essential external legal advice about how you need to trade and act to retain ownership of those pending Intellectual Property Applications, and eventually hopefully Granted Rights.

Danger Comes with Intellectual Property Complexity and not knowing the laws

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.

Discover More

Want to know more about the different forms of Intellectual Property, click here. We specialise and have practised for 31 years in Patents, Trademarks and Designs.