Patent Law

We assist clients to protect their brand and protect intellectual property

It is imperative that you choose lawyers who are experienced in Patent registration issues and have a proven track record with IP Australia. Our Principal has represented some of the biggest Australian household names for over 10 years. We are experienced with obtaining grant of difficult marks and overcoming objections raised by IP Australia and other official examination agencies.

  • Patent Registration
  • entitlement disputes
  • patent licensing
  • infringement advices
  • injunctions
  • assessment of damages/account of profits
  • patent litigation/defences and cross-claims

The Patenting Process

1. Patent Searches

The first stage to obtain a patent should always be to conduct searches to determine:

  • whether your invention is novel and inventive
  • what prior-art might exist in the marketplace that may pose an obsticle to your registration
  • determine if you are able to use your invention (after filing a patent application) without infringing others
  • determine the likelihood of obtaining grant of your Patent

     

2. Patent drafting and obtaining grant (prosecution)

The second stage of patenting is to use a Patent Attorney to draft your patent specification. Using a professional ensures:

  • the Patent claims are broad enough to capture immitators but not so broad that the Patent is not novel or inventive
  • the Patent conforms with the strict requirements of the Patents Act
  • the Patent captures the essence of your invention
  • objections raised by IP Australia can be easily overcome

     

3. Commercialisation and enforcement

We assist with:

  • Patent Litigation
  • injunctions and infringement advice
  • licensing agreements for patents
  • Patent infringement defences
  • Patent entitlement and invalidity advices