A country without a patent office and good patent laws is just a crab and can’t travel any way but sideways and backwards.
Patents provide a statutory monopoly over the invention that is the subject of the patent and are an ideal tool to secure an exclusive position in the marketplace. They require registration and attract annual maintenance fees.
Relief for infringement of a Patent includes appropriate restraint orders, account of profits or damages (and additional damages) and, in most cases, legal costs.
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 is a Doyle’s Guide recommended IP lawyer and holds a Masters in the subject matter. She has practiced IP law for the last 10 years and understands the practical implications of court cases on clients and their businesses. She aims to settle cases on commercially sensible and economic terms without having to proceed to court.
Clients don’t buy our time, they buy our 20+ years of experience.
What is the difference between an Innovation Patent, Standard Patent and Provisional Patent?
A provisional patent is a temporary filing which acts as a placeholder (or flag in the sand) to establish a priority date. A provisional patent is not a full patent application and will not result in the grant of a patent. It is valid for only one year and is not enforceable. To preserve that priority date you must file a complete application, which derives priority from the provisional patent application within one year of filing the provisional patent and the invention must be sufficiently disclosed in the provisional patent application.
An Innovation patent is a patent that must, amongst other things, be novel and have an innovative step, at its priority date. The test for innovative step is not difficult to overcome. The term of an Innovation patent is 8 years from its filing date. An Innovation patent must only have 5 claims or under and it cannot be enforced unless it is certified.
A standard patent must be, amongst other things, novel and have an inventive step, at its priority date. The term of a standard patent is 20 years from its filing date but this can be extended up to 25 years for certain inventions.
What is a PCT?
PCT stands for Patent Cooperation Treaty, which is an international patent law treaty, concluded in 1970. The treaty provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application.
What is the difference between a PCT and a standard patent application?
A PCT is a patent that is filed under the PCT (Patent Cooperation Treaty). A reference to a standard patent application is normally a reference to an application that is filed directly with a governing authority, rather than through the PCT process.
What is entering national phase?
When a PCT is filed it is not filed in a particular country. Rather all countries are automatically designated but the patentee must decide to “enter national phase” in each country in which it wishes to register the patent. The process of filing the application in the country of choice, is referred to as “entering national phase”.
Can I patent software?
Software can be patented but not all software can be patented. Pure algorithms that do nothing more than can be done without a computer are generally not patentable, but a device that has a computer incorporated into it, that produces a novel output or which acts in a novel way, may well be patentable. If you have a software invention you wish to patent, give EAGLEGATE a call.
When should I get a patent?
A patent needs to be at least, novel and innovative, or novel and inventive, at its priority date. Therefore it is very important that you file the patent as soon as possible and certainly before you disclose the invention publicly.
Will I lose my patent if I start a patent infringement action?
It is common in patent infringement cases to face a cross-claim for invalidity of the patent. If the patent is found to be invalid then there should, without any other claims which may be successful, be no injunction based on any prior infringement on the basis that the patent should never have been granted in the first place.
My employer is claiming my invention is owned by him. Is it?
Ownership of inventions can be contentious, particularly when one party is in a position of power over the other party. A dispute over ownership of an invention is referred to as an “entitlement dispute”. Whether an employer owns an invention made by the employee depends on many factors including, whether the employee was instructed to invent, what the contractual arrangements are between the employer and the employee and whether the invention was created in the course of employment. If you have an entitlement dispute, call EAGLEGATE for assistance.