Patent Protection
Patent protection provides an exclusive right to exploit an invention and prevent others from making, hiring, using, selling or importing the invention covered by the claims in the patent.
In Australia, there are two types of patents—a standard patent and an innovation patent (similar to the old petty patent system). An innovation patent provides a quicker and cheaper method of protection than a standard patent, however it only lasts 8 years and can only contain up to 5 claims. In the University environment, a standard patent will be the preferred patent option in most cases.
To obtain a patent, your invention must:
- include patentable subject matter, that is, include a “manner of manufacture”. This covers both products and processes. Patentable subject matter includes machines, industrial methods, drugs, hardware and software, methods for making drugs, toys, and algorithms. Examples of non-patentable subject matter are discoveries, scientific theories and principles, pure mathematical models and theories, and artistic creations;
- be novel (i.e. must not have been publicly disclosed or used elsewhere anywhere in the world prior to filing for the patent); and
- be inventive (for a standard patent) or innovative (for an innovation patent). There is an inventive step if it is not obvious to a person skilled in an area of expertise relevant to the invention. An innovative step occurs if there is a difference between the invention and what is currently known about the technology and this difference makes a substantial contribution to the functioning of the invention.
The Patent Act 1990 provides for patent protection, registration and enforcement in Australia and its territories. Patent protection can last for up to 20 years or up to 25 years in the case of pharmaceutical patents.
Obtaining patent protection and drafting a patent is a very complex task that requires the use of expert patent attornies. If a patent is not drafted correctly then it may be easy for someone else to work around your patent or improve it. It is also very important to assess the commercial potential of a patent prior to obtaining protection as the process is lengthy, expensive and fraught with legal restrictions. You should consult with the Manager of Innovation and Commercialisation (MIC) for your Faculty as soon as you have developed an idea which you think has commercial potential.
If you believe that you have a patentable invention, please complete an IP Notification Form.
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