Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
The patent system in Australia provides inventors with exclusive rights to their inventions, allowing them to commercialize their ideas while preventing others from making, using, or selling the patented invention without permission. Patents can be granted for new inventions that involve an inventive step and have industrial applicability. The system is managed by IP Australia, the national agency responsible for intellectual property rights.
Seeking legal advice in patent law is often essential due to the complex nature of intellectual property rights and the application process. Common situations where a lawyer may be needed include:
Patent law in Australia is governed by the Patents Act 1990. Key aspects include:
A patent is a legal right granted to inventors, giving them exclusive rights to use, sell, and license their inventions.
The process can take several years due to examination, potential objections, and amendments required during the application process.
Schemes, abstract ideas, purely mental processes, and non-technical discoveries are not patentable.
An innovative step means the invention must not be obvious to someone skilled in the field of the invention, representing some technical advancement.
Software can be patented if it offers a novel and inventive solution to a specific technical problem.
While not mandatory, hiring a lawyer is advisable for navigating the complex legal and technical requirements in filing a patent application.
You can initiate legal action against the infringer to secure damages and possibly obtain an injunction against further unauthorized use.
Yes, patents can be sold or licensed, allowing others to use the invention under agreed terms.
You may use the Patent Cooperation Treaty (PCT) process to seek protection across member countries.
Once a patent expires, the protected invention enters the public domain, allowing anyone to use it without infringement.
For those needing additional assistance, the following resources can be useful:
If you require legal assistance with patents, consider the following steps:
By being proactive and informed, you can better navigate the patent landscape in Australia and safeguard your innovative ideas effectively.
Lawzana helps you find the best lawyers and law firms in Australia through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Patent, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Australia — quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
Refine your search by selecting a city.
