A patent provides a monopoly to a patent owner to make, use, and otherwise exploit an invention for the duration of the patent. This monopoly right can be used to prevent others from also exploiting the invention in competition with the patent owner.
The philosophy behind the patent system in Australia is to promote technological advancement and its disclosure to the public, and through this, to advance industry in Australia. The grant of the monopoly to inventors and their employers compensates for the investment of time and money in the development of the invention.
Failure to patent your invention can result in others being able to use your invention without your authorisation. Others who copy an unpatented invention are benefiting from the time and cost associated with development of the invention, without themselves having to go to that effort. There is no legal protection under patent law for an unpatented invention, which can be used to stop such copying.
How we help
Drafting a patent specification and filing a patent application correctly is a highly complex procedure, and we strongly advise against attempting this yourself. Patent specifications are the subject of a considerable body of law and without knowledge of this law, the unwary who attempt to draft their own patent specification can unwittingly end up limiting, if not rendering entirely ineffectual, any rights which might be granted under a patent.
Patent attorneys are specially trained and qualified for this task, having qualifications in a scientific or engineering discipline in addition to further qualifications and training in the law relating to patents. We ensure that your patent specification is properly worded to describe your invention and to secure your rights under patent law. We assist throughout the patent application procedure, and can assist with enforcement, after the patent has been granted.
We can also advise you and assist you in obtaining patent protection in other countries.