EAGLEGATE » Patent Registration

Patent Registration

Patents protect inventions such as how a product functions. A patent is defined by its claims, which lay out the essential integers of the patent. Within Australia Patents are a registerable right. That means that to enforce a patent, it must be registered with IP Australia.

When drafting a patent specification it is important to use qualified professionals who understand the complexity of the Patents Act

Our Principal is trained as a patent attorney and has protected advising patentee on how to protect their rights for over 10 years.

At EAGLEGATE we EXCEL at protecting Patent rights

The Patenting Process

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

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

Commercialisation and Enforcement

We assist with:

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

We assist clients to protect their brand and protect intellectual property

Why choose EAGLEGATE Lawyers?

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.

The PATENT Application Process – For Standard Patents

Application

The application filing phase of a patent application is one of the most critical phases.

  • Patentee files a standard patent application in Australia (this can be direct or through the PCT National phasse entry system)
  • The standard application will be given a priority date corresponding to its earliest possible priority
  • During this phase the Patent is not published and it is not open to public inspection

Publication

Next, the application will be made Open to Public Inspection (OPI):

  • this must be done within 18monts of the priority date of the Patent
  • the OPI date defines the date from which a person can infringe the Patent (remember a Patent must be granted before it can be enforced)
  • from the OPI date forward, the Patent is public

Examination

Next, the application will be examined by IP Australia:

  • IP Australia will write to the Patentee and request that they request examination
  • this is the start of a conversation with IP Australia
  • if IP Australia objects to the grant of the patent, the patent may need to be amended

Patent Opposition

Once the application is accepted by IP Australia, it will be advertised for opposition purposes.

  • Any trader can oppose acceptance of the Patent during the opposition period
  • We can assist in the Patent opposition proceeding including appearing at hearings
  • Once a decision is handed down we can assist in appealing the decision to the Federal Court or defending an appeal
  • if you want to oppose the grant of a Patent – you must move quickly

If you are interested in registering a Patent, complete the form below and a solicitor will be in touch with you shortly.

 

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