Whether your new product or other invention came about from a sudden flash of inspiration, or was the culmination of many years of sweat and tears, you may be anxious to protect this intellectual property you have created, and discourage others from stealing it. Apart from new products, patents may also protect intellectual property rights in relation to new manufacturing processes, testing processes, and chemical compounds, as well as alternative uses for some existing products such as pharmaceuticals and chemical compounds. The actual scope of inventions which can be patented varies from country to country, but generally an invention that is able to be used in some kind of industry will be patentable.
However, the invention must also be new or novel, and contain a "non-obvious" inventive step.
Most importantly, the person or organisation applying for the patent must be first to do so in relation to the particular invention that is the subject of the patent application.
If an invention has already been released to the market, advertised, used, or even just disclosed, its inventor may lose the right to obtain a patent for it. Although there is a grace period in Australia, and in exceptional circumstances (such as cases of inadvertent disclosure) applicants in New Zealand may still be able to apply for a patent within prescribed time limits, this is not the case in all countries. It is therefore important not to disclose your invention until you have filed your patent application. Having done that, even if there is then some delay before the application is considered and approved, you will be able to go ahead and publicise your invention, and even start selling it.
Special care is required in formulating a patent application, so as to ensure that the invention is described fully, including your "claims" defining the inventive step(s). Then, subject to the application being approved, you will gain a monopoly right giving you exclusive use of the invention for up to 20 years. However, to maintain that period of protection, you may need to periodically renew the patent.
In Australia, under the Patents Act 1990 (Cth), it is also possible to obtain an "innovation patent", which does not require an inventive step, merely an innovative step. Although the maximum term for an innovative patent is only eight years, in many cases innovative patents are an appropriate alternative, as there can be considerable costs savings. Ultimately, the decision about whether to apply for a standard patent, or an innovative patent, may rest on the value of the patent, and the period over which the monopoly right will be useful in practice. Because disclosure or publication of your invention may affect your ability to obtain a patent for it, it is important to obtain professional advice at an early stage.
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