Australia Patent Law
A patent is a government-given grant conferred upon an inventor who creates something considered useful. Patent laws protect inventors from having their ideas and inventions stolen or modified by other parties looking to profit from their ideas. The specific details of patent law varies from country to country, but the function is generally the same.
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Types of Australian Patents
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There are two types of patent recognized in Australia: the standard patent and the innovation patent. Both have the same basic function under the umbrella of patent law; the difference is the time frame that the patent is valid, and the cost.
Standard Patent
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The standard patent gives long-term protection to an inventor--up to 20 years. There is an annual maintenance fee to keep the patent valid. Even if the patent has not yet been granted, the fee goes into effect after the 5th anniversary of the filing date.
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Innovation Patent
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The innovation patent is a faster, less expensive option, but only lasts 8 years, as opposed to the 20 for the standard patent. The annual maintenance fee is substantially lower, but payment begins at the 2nd anniversary of the filing date. The innovation patent was created as a way for companies to quickly protect new products or improvements that do not meet the extensive standards for applying for a standard patent.
Limitations
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Not every invention or innovation is patentable. Ideas, mathematical models and artistic creations do not fall under the protection of Australian patent law. Any process that is deemed "purely mental" is ineligible.
Trade-Off
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In return for receiving the protection of a patent, an inventor must share with the patent office all information on how their invention functions. This information becomes public and serves as the basis for other inventors to improve upon existing ideas.
Deciding to Patent
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For some people, patenting an invention is not the best strategy. Applying for and maintaining a patent may be cost-prohibitive for some, or there may be a better way to protect the invention legally. Filing a provisional application for patent gives the applicant 12 months to decide if it's a cost-effective measure to pursue.
How to Apply
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Many people seeking patent consult a patent attorney before pursing this option. Patent law is complicated, and often people who seek to establish a patent without the help of an attorney end up abandoning the effort. Initially, an applicant must go through an examination process wherein the value and originality of the invention is determined. After that, the details of the invention are published and people have a chance to challenge the originality of the invention. If the publication is not challenged, the patent is granted.
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References
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