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What Can Be Patented?

Posted in Lawyers

In Australia, patents are given for products, methods, apparatus, materials or processes that are new and sufficiently inventive. But you cannot patent human beings, biological creatures, artistic creations, mathematical models, plans and schemes, abstract ideas etc. You must understand that all ideas are not be patented as some of them are vital for human survival and national vitality.

Meet three criteria’s:

In Australia your invention should me the three criteria for patentability. The invention must be novel idea, must involve a inventive step and must be useful. You need to be cautious when you use your invention for commercial activity, then it may prejudice he patent office about your invention and its patentability.

 After you were able to meet the criteria set by the Australian government for patent application, contact a reputable patent attorney. They can surely help in with every legal process needed for this. It is therefore important to consult a commercial patent lawyer before you publicly disclose the invention when the patent is pending.

Patent Process

The patent application process in Australia involves an Australian Provincial application which would establish a priority date for your invention. This is an optional process but can be an important step before the filing of a complete application. The complete application for the patent is provided by the Australian patent office.

If you have a PCT patent it has to be converted in to a complete Australian patent through the due process of application. The PCT patent offers only temporary protection in 140 countries around the world and need to be converted to a complete patent to offer full protection under Australian law.