A patent is a legal right that gives the creator of an invention exclusive control over how that invention is made, used, and sold for a set period (usually 20 years). This means that during the life of the patent, no one else can commercially exploit the invention without permission. Patents are designed to encourage innovation by rewarding inventors for their work while eventually allowing the public to benefit from new ideas.
Patents can be granted for new and inventive products or processes. These might include technological breakthroughs, improved manufacturing methods, or other developments that offer a significant advantage. To qualify, an invention must meet strict legal requirements, including being novel (new), inventive (not obvious), and useful. A patent specification must also include specific information relating to how the invention is performed, so that the invention can be replicated. A standard patent is only granted after a formal examination of the application to ensure these criteria are met.
Examples of patentable inventions include:
- Novel pharmaceutical compositions
- Newly devised methods of producing oil from shale
- Solar collector elements coated with novel solar-selective coatings
- Intruder alarms incorporating novel electronic circuitry
- Power steering systems
These are just a few examples that show the wide range of technologies that patents can cover, but all incorporate an essential common ingredient – an inventive step beyond the simple application of standard textbook-type knowledge.
It’s important to act early if you want patent protection. Publicly disclosing your invention (e.g., through publication, presentation, sale, or even discussing it with friends or potential investors) before filing a patent application can jeopardise your ability to secure a valid patent. However, once you file an application, you can start using or licensing your invention commercially while the application is being processed.
Finally, patents are territorial, meaning protection applies only in the countries where you apply for protection. If you want to safeguard your invention internationally, you’ll need to seek protection in each jurisdiction of commercial interest. Working with a registered patent attorney is strongly recommended, as they can help ensure your application meets all requirements and assist with filing in other countries through their global networks.
Patents are administered in Australia under the Patents Act 1990 (Cth) through the Patent Office at IP Australia.
