Patents

How to Dominate Your Marketplace?

Patents give you exclusivity in your marketplace.

Exploit that exclusivity to dominate your marketplace.

Whether you are interested in registering a Patent, commercializing a Patent or enforcing a Patent, it is vital that you use patent lawyers who understand the technology and patentable subject matter.

All of our Patent Lawyers and Technology Lawyers have Technology Degrees. We know technology and how to protect it.

Watch our animation on how you can use the power of Patents, to Dominate your Marketplace.

Patent Definition

Patent Definition: A patent is a government granted right to exploit an invention.

A patent is sometimes expressed as a monopoly but it is not a true monopoly because it does not exclude all other traders, but rather excludes the vast majority of other traders.

How to patent an idea in Australia

Patents require registration with IP Australia. First, a patent specification is drafted which describes the invention in such a way that a person who is skilled in the art can reproduce the invention. It is strongly recommended that the patent specification is drafted by a registered Patent Attorney.

In Australia, there are currently two types of patent applications that can result in a granted patent. The term of a standard patent is typically 20 years and the term of an innovation patent is 8 years.

A standard patent can take 5 years to become examined and granted. Once it is accepted for grant it will be advertised for opposition purposes. Once it is successfully through the opposition process it becomes granted and is then enforceable. The process of obtaining a grant of a patent is referred to as prosecuting patents.

An innovation patent will become granted immediately but needs to be certified before it can be enforced.


Patent Attorneys

Patent Attorneys provide high-quality services and train for a number of years to specialize in drafting patent specifications in Australia. Patent attorneys also advise clients on the prosecution of patents and portfolio management.

Patent attorneys may or may not also be lawyers. Unless the patent attorney is also a lawyer he or she cannot represent you in Court. Patent Attorneys draft patents to be as broad as possible to give you the strongest rights so you can catch patent infringers whilst, at the same time, avoid prior art which may be used to invalidate the granted patent.

EAGLEGATE works with patent attorneys in Brisbane and around Australia to ensure our clients have the strongest possible intellectual property rights.

Call EAGLEGATE if you need a referral to a patent attorney in Brisbane or Australia.


What is a Patent Infringement Lawyer?

A patent infringement lawyer is a lawyer who has experience in patent infringement matters. The person may or may not also be a patent attorney.

Patent infringement lawyers advise clients in respect of freedom to use searches, patent infringement and defences, cross-claims for invalidity. They work with registered patent attorneys to assist with patenting in Australia and prosecuting patent applications to grant.

As a qualified lawyer, a patent infringement lawyer should have the ability to represent you before the courts.

As expert patent infringement lawyers in Brisbane, EAGLEGATE will guide you through the process of patent infringement and hold your hand, every step of the way.


OUR EXPERIENCE

EAGLEGATE’s founding Partner, Nicole Murdoch, is an Engineer, has formal training as a Patent Attorney and has over 10 years industry experience in the IT industry. She has been working with IT and computers since 1984. She has a proven track record in obtaining commercial outcomes, is a Doyle’s Guide recommended IP lawyer and holds a Masters in Industrial Property.

She trained as a Patent and Trade Marks Attorney with Cullens Patent and Trade Mark attorneys. She has practiced IP law for the last 10 years and understands the practical implications of technology contracts and court cases on clients and their businesses. She aims to settle cases on commercially sensible and economic terms without having to proceed to court.