Patent

A patent is a form of Intellectual Property protection that can be granted to inventors for a specific invention or innovation. 

While holding a granted patent, an individual retains the exclusive right over how their invention is made, used, distributed or sold. 

These rights last for a limited period which cannot be extended, in Australia, this is 20 years from the date of filing for a standard patent and 25 years for pharmaceutical patents. 

Patentability 

Not all inventions meet the criteria for a patent to be granted. Patentability relies on an invention being:

  • New or novel: It cannot exist already (prior art) when compared to prior art.
  • Useful: It must serve a purpose and can be made or used to enhance an industry.
  • Inventive: It needs to be different enough to what already exists and it must be inventive and not obvious when compared to the prior art base.
  • Of suitable subject matter: It must be patentable subject matter meaning it should be technology that is not excluded from being patentable. 

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