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Patent Law in Perth, Australia, falls under national jurisdiction, governed by the Patents Act of 1990 and overseen by IP Australia, the Australian Government agency that administers intellectual property rights. Patents provide a legal framework that protects unique innovations, allowing creators exclusive rights to commercialise their invention for a fixed time period. Patents can cover a wide range of inventions from technological advancements to industrial processes.
Knowledge of patent law is complex and specialised. For individuals or businesses wanting to patent an invention, a lawyer’s expertise can be crucial. They can guide you through the application process, carry out patent searches and provide advice on the patentability of an invention. A patent lawyer could also represent your interests if disputes arise, such as allegations of patent infringement, help negotiate licensing agreements or handle the sale or transfer of patents.
In Perth, Australia, and throughout the country, the patent requirements necessitate originality and usefulness in the invention. It must represent an inventive step beyond current knowledge. There are two types of patents in Australia: a standard patent offers long-term protection for up to 20 years, whereas an innovation patent protects incremental advancements for up to 8 years. The patent application process involves submitting a detailed description of the invention, along with claims that define the scope of protection sought.
A standard patent in Australia lasts for up to 20 years, or up to 25 years in some pharmaceutical cases, while an innovation patent lasts for up to 8 years.
While it's technically possible to file for a patent yourself, the process is complex and mistakes in application can have substantial consequences, such as refusal of patent. Therefore, hiring an experienced patent lawyer is generally advised.
'Inventive step' is a requirement for standard patents that means the invention needs to be sufficiently innovative or non-obvious compared to existing knowledge in the same field.
Not everything can be patented in Australia. Abstract ideas, artistic creations, mathematical models, plans, schemes or mental processes are typically not patentable.
If your patent is infringed upon, you can enforce your rights through civil litigation. A patent lawyer can represent you in these proceedings to protect your interests.
IP Australia is the governmental agency managing Australia’s patent rights. They provide a wide array of resources, guides, and FAQs on their website. Moreover, AusPat, an online search database from IP Australia, can be used to access details about Australian patents. It may also be useful to familiarize oneself with the Patents Act 1990, which is the governing law for patents in Australia.
If you suspect you need a patent lawyer, the first step is to document your invention in detail. Then, conduct a basic search to see if similar inventions have been patented. If you still believe your innovation is unique, seek out a specialised patent lawyer. They can assist in verifying the uniqueness of your invention, prepare your application, guide you through the process and ensure all legal requirements are met.
