Can My Invention Be Patented?

Whether your brand-new product or various other innovation transpired from an unexpected flash of motivation, or was the end result of several years of sweat and also splits, you might fear to protect this intellectual property you have created, and inhibit others from taking it. Apart from brand-new items, licenses may also secure intellectual property civil liberties in relation to brand-new production processes, screening procedures, and also chemical compounds, along with different usages for some existing products such as pharmaceuticals and chemical substances. The actual extent of inventions which can be patented differs from nation to nation, but usually a development that is able to be made use of in some sort of industry will be patentable.

Nevertheless, the creation should also be new or novel, as well as consist of a "non-obvious" creative step.

Most significantly, the person or organisation making an application for the patent has to be first to do so in connection with the certain innovation that is the topic of the patent application.

If an invention has currently been launched to the market, marketed, utilized, or perhaps just revealed, its inventor may shed the right to obtain a license for it. There is a poise period in Australia, as well as in remarkable situations (such as instances of unintentional disclosure) candidates in New Zealand might still be able to use for a patent within prescribed time limitations, this is not the instance in all countries. It is for that reason important not to disclose your development up until you have actually submitted your license application. Having done that, even if there is after that some hold-up before the application is taken into consideration and also approved, you will certainly have the ability to proceed as well as advertise your creation, and also also begin selling it.

Unique care is called for in formulating a license application, so regarding make sure that the innovation is described fully, including your "insurance claims" specifying the innovative action(s). Then, based on the application being approved, you will certainly obtain a syndicate right offering you exclusive use the creation for up to 20 years. Nevertheless, to keep that duration of security, you might require to periodically restore the patent.


In Australia, under the Patents Act 1990 (Cth), it is additionally feasible to obtain an "technology license", which does not require an inventive action, simply an innovative action. Although the maximum term for an ingenious license is only eight years, in many cases innovative patents are a suitable prototype service InventHelp choice, as there can be considerable expenses cost savings. Eventually, the choice concerning whether to apply for a standard license, or an innovative patent, might rest on the worth of the license, and also the duration over which the syndicate right will certainly work in method. Since disclosure or publication of your invention may affect your ability to get a license for it, it is essential to obtain expert advice at a beginning.

Stephen Bourne is a legal representative in Australia (see account ), as well as additionally adds write-ups as well as situation recaps to the Ekupu Law Library internet site. Stephen has law and also business credentials, as well as is a Fellow of the Australian as well as New Zealand Institute of Insurance and also Finance.

The optimum term for a cutting-edge license is just eight years, in several situations innovative licenses are a suitable alternative, as there can be significant expenses savings. Ultimately, the choice concerning whether to use for a common patent, or an ingenious license, might rest on the worth of the patent, and also the period over which the monopoly right will certainly be beneficial in practice. Due to the fact that disclosure or publication of inventhelp number your creation may influence your capability to acquire a patent for it, it is crucial to acquire professional guidance at an early phase.