Best Patent Lawyers in Melbourne

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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...
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...
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...
Harrick Lawyers Pty Ltd

Harrick Lawyers Pty Ltd

Melbourne, Australia

Founded in 2018
50 people in their team
English
OverviewFCW Lawyers is a national commercial and workplace law firm, dedicated to advancing the lives and futures of our clients, staff, and the community throughout Australia. Our team is an entrepreneurial and innovative group that live the principles of wellbeing, flexibility, and inclusion....
E. P. Johnson & Davies

E. P. Johnson & Davies

Melbourne, Australia

Founded in 1961
38 people in their team
English
Who we are…Hicks Oakley Chessell Williams is a well-respected law firm whose origins began in 1961 in Mount Waverley, an Eastern suburb of Melbourne.Hicks Oakley Chessell Williams is an incorporated practice, initially formed as a partnership in 2000 by a merger between the firms of Hicks...
J. King & Associates

J. King & Associates

Melbourne, Australia

Founded in 1999
25 people in their team
English
About Us Jamie King2019 to presentMember of the Law Institute Commercial Litigation Advisory Committee.2002Graduated as Master of Commercial Law from the University of Melbourne.1999Commenced the legal firm J King & Associates.1998Accredited by Law Institute of Victoria as a Commercial...
Bolden Lawyers

Bolden Lawyers

Melbourne, Australia

Founded in 1993
2 people in their team
English
About Hercules Constan Lawyers is a boutique law practice established in 1993. It is located close to Melbourne’s CBD on St Kilda Road, Melbourne.In its 25 year history its has built a solid reputation in supporting its portfolio of clients including statutory authorities, corporations,...
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About Patent Law in Melbourne, Australia

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.

Why You May Need a Lawyer

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.

Local Laws Overview

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.

Frequently Asked Questions

1. How long does the patent process take?

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.

2. Can I protect my invention internationally through the Australian Patent Office?

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.

3. Do I need to have a prototype of my invention before filing a patent 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.

4. Can I file a patent application online?

Yes, IP Australia offers an online platform eServices where you can file your patent application.

5. What happens if someone infringes on my patent rights?

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.

Additional Resources

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.

Next Steps

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.

Lawzana helps you find the best lawyers and law firms in Melbourne 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 Melbourne, 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.