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Patent law in Melbourne falls under the jurisdiction of the Australian Patent Office (APO), a branch of IP Australia, which adheres to the Patents Act 1990. Patents provide legal rights to inventors, allowing them to prohibit others from manufacturing, using, or selling their invention within Australia for a set period of time. There are two types of patents - Standard Patents, which have a term of up to 20 years; and Innovation Patents, which offer a shorter period of protection, up to eight years.
Engaging a patent lawyer is beneficial when you are drafting a patent application, ensuring it's correctly prepared and all legal requirements are met. They can also help to refute any objections during examination and represent you in case of a patent infringement lawsuit. Additionally, a patent lawyer can advise on licensing agreements and manage patent portfolios.
The Patents Act 1990 and the Patents Regulations 1991 govern the patent system in Australia. They provide comprehensive guidelines on the patent application process, examination procedure, patent grant, and enforcement. In particular, they stress novelty, usefulness, and inventive or innovative steps as key characteristics for patent eligibility. The Innovation Patent system was phased out in 2021, and no more applications for this type of patent are being accepted.
A standard patent application generally takes about three to four years to be granted. If you request an expedited examination, it could be substantially shorter.
An Australian patent provides protection only within Australia. However, you can apply for protection in other countries by filing a Patent Cooperation Treaty (PCT) application.
No, a prototype is not required. But you need to provide a written description that is sufficiently clear and complete for a person skilled in the art to perform the invention.
Yes, IP Australia offers an online platform eServices where you can file your patent application.
If your patent rights are infringed, you can take legal action against the infringer. Legal remedies may include an injunction, damages or an account of profits.
IP Australia's website offers a wealth of material and instructional guides. You might consider consulting The Law Institute of Victoria or the Australian Lawyers Directory for a list of patent lawyers in the Melbourne area.
If you believe you need legal assistance with a patent issue, consider reaching out to a patent lawyer for guidance. A good starting point might be the Australian Lawyers Directory or Law Institute of Victoria. Be prepared to discuss your invention in detail, provide any information needed for the application process, and discuss any existing or potential infringement issues.
