Best Patent Lawyers in Australia

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Heasley Lawyers

Heasley Lawyers

Boronia, Australia

Founded in 2020
1 people in their team
English
I am a Business Lawyer and Intellectual Property Lawyer based in Boronia Victoria. I specialise in working with individuals as well as small to medium business where possible at an agreed fee. I can assist you with contracts, subcontracts, Intellectual Property issues and agreements leases, or even...
Dundas Lawyers

Dundas Lawyers

15 minutes Free Consultation
Brisbane, Australia

Founded in 2011
10 people in their team
English
Brisbane Technology, IP, Corporate and Litigation LawyersDundas Lawyers® acts for a diverse range of businesses providing solutions to their commercial legal needs.  Our Brisbane office specialises in intellectual property protection and disputes, technology and corporate law for businesses...
Canaan Lawyer

Canaan Lawyer

Melbourne, Australia

Founded in 2006
50 people in their team
English
About usWelcome to Canaan Lawyers  At Canaan Lawyers we focus on giving our clients a commercial advantage by providing high quality legal services in a practical and cost effective fashion.  At Canaan Lawyers we focus on giving our clients a commercial advantage by providing high quality...
Harris Gomez Group

Harris Gomez Group

Sydney, Australia

Founded in 1997
50 people in their team
About UsHGG opened its doors in 1997 as a legal and commercial firm.  In 2001, we took the step to expand our practice to the international market with the establishment of our office in Santiago, Chile. This international expansion meant we could provide an essential bridge for Australian...
Gibsons Solicitors Pty Ltd

Gibsons Solicitors Pty Ltd

Melbourne, Australia

Founded in 2006
50 people in their team
English
OverviewGibsons is one of Australia’s premier law firms dedicated to providing high quality Litigation and Commercial Law services in a wide range of matters - including intellectual property, defamation and privacy, business litigation, breach of contract, entertainment and media and counterfeit...
Greyson Legal

Greyson Legal

Scarborough, Australia

Founded in 2000
1 people in their team
English
About UsGreyson Legal is a boutique commercial law firm, with a niche legal practice area advising participants within the franchising sector; and in relation to intellectual property law.We draw on decades of experience across various commercial law practice areas.  Greyson Legal has the...
Belperio Clark Lawyers

Belperio Clark Lawyers

Adelaide, Australia

Founded in 1992
30 people in their team
English
About Belperio Clark LawyersCharlie Belperio and Bev Clark started Belperio Clark in 1992. We have grown over the years, but still maintain the focus and personal touch of a small legal practice. At Belperio Clark, our goal has always been to make your situation as stress-free as possible. Our...
Holding Redlich

Holding Redlich

Melbourne, Australia

Founded in 1962
500 people in their team
English
At Holding Redlich, great law is our starting point. Across our offices in Melbourne, Canberra, Sydney, Brisbane and Cairns we provide a complete range of legal services for clients of all sizes including many of Australia’s largest public and private companies and all levels of...
Corney & Lind Lawyers Pty Ltd

Corney & Lind Lawyers Pty Ltd

Brisbane, Australia

Founded in 2003
25 people in their team
English
OUR VISIONWe seek to provide advice and solutions that deliver just and redemptive outcomes.OUR WHYSERVICE: We offer customised professional legal services tailored to meet our clients’ needs. VALUES:  o ATTENTION: We listen to our clients to ensure that our advice is in their...
Dobson Mitchell Allport

Dobson Mitchell Allport

Hobart, Australia

Founded in 1834
200 people in their team
English
About usDobson Mitchell Allport is a leading Tasmanian law firm. Our experienced lawyers and advocates act for business, government and individuals. We provide innovative and expert services to our business, private and government clients. Our services extend further than just providing legal...
AS SEEN ON

About Patent Law in Australia

Patent law in Australia governs the registration, protection, and enforcement of patents. A patent gives the owner exclusive rights to their invention, preventing others from making, using, or selling the invention without permission for a specified period. In Australia, patents are governed by the Patents Act 1990 and are administered by the Australian Government's IP Australia.

Why You May Need a Lawyer

There are several situations where you may need a lawyer experienced in patent law in Australia, including:

  • Filing a patent application
  • Defending against a patent infringement claim
  • Enforcing your patent rights
  • Resolving disputes with other patent holders

Local Laws Overview

Some key aspects of Australian patent law include:

  • Patentable subject matter: In Australia, patents can be granted for inventions that are new, involve an inventive step, and are useful.
  • Patent application process: To obtain a patent, you must file an application with IP Australia, undergo examination, and meet all requirements.
  • Patent duration: In Australia, standard patents last for 20 years from the filing date of the application.
  • Patent infringement: If someone uses, sells, or imports your patented invention without permission, it may constitute patent infringement.

Frequently Asked Questions

1. What can be patented in Australia?

In Australia, patents can be granted for inventions that are new, involve an inventive step, and are useful.

2. How long does a patent last in Australia?

Standard patents in Australia last for 20 years from the filing date of the application.

3. How do I enforce my patent rights in Australia?

To enforce your patent rights in Australia, you may need to take legal action against infringers through the court system.

4. Can I file a patent application myself?

While you can file a patent application yourself, it is recommended to seek professional help from a patent lawyer to ensure the application meets all requirements.

5. What is the difference between a standard patent and an innovation patent?

A standard patent provides stronger protection and lasts for 20 years, while an innovation patent provides a shorter-term and covers less innovative inventions.

6. How much does it cost to file a patent application in Australia?

The cost of filing a patent application in Australia can vary depending on the type of patent and complexity of the invention. It is best to consult with a patent lawyer for an accurate estimate.

7. Can I patent software or business methods in Australia?

Software and business methods can be patented in Australia if they meet the requirements of being new, involving an inventive step, and being useful.

8. What should I do if I receive a patent infringement claim?

If you receive a patent infringement claim, it is important to seek legal advice from a patent lawyer to assess the claim and determine the best course of action.

9. Can I license my patent to others in Australia?

Yes, as a patent owner, you have the right to license your patent to others in Australia, allowing them to use the invention in exchange for a fee or royalty.

10. How can I search for existing patents in Australia?

You can search for existing patents in Australia through the IP Australia website, where you can access the Australian Patents Search database for free.

Additional Resources

For more information on patent law in Australia, you can visit the IP Australia website (www.ipaustralia.gov.au) or seek assistance from organizations such as the Institute of Patent and Trade Mark Attorneys of Australia (IPTA) or the Intellectual Property Society of Australia and New Zealand (IPSANZ).

Next Steps

If you require legal assistance with patent law in Australia, it is advisable to consult with a qualified patent lawyer who can guide you through the patent application process, enforce your patent rights, or defend against patent infringement claims. A lawyer can provide invaluable advice and representation to protect your intellectual property rights in Australia.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.