Basic application in the context of intellectual property (IP) law refers to the initial steps taken by an inventor or IP owner towards gaining the protection of their IP.
This could be an application to protect a design, invention, trademark or similar. In Australia, this is most often linked with patent applications.
A basic application or provisional application serves to establish a priority date which is then used to determine the scope of rights and protection afforded to the IP.
It is also used as a foundation upon which a more detailed application can be built once the appropriate paperwork has been obtained.
In Australia, in the case of a provisional or basic application for a patent, there are 12 months with protection extended through further applications. The contents of your application remain secret and unpublished unless you opt to pursue the complete patent process.
Not only does filing a provisional or basic application provide a measure of protection against infringement, but it also allows you to go public with your idea.
This means you can begin to manufacture, use, sell and market the invention without negatively affecting your future patent rights.
If you do this before making a basic application, you could be denied the rights to a patent in future and will have no legal rights over the IP in question.
While it is a basic or provisional application, accuracy is critical. You need to properly outline the definitions of coverage or claims you intend to have protection for. If you fail to adequately perform this step, your initial application could be invalidated if future applications do not align with it.
An IP attorney can help you prepare a thorough basic application for the protection of your rights both now and in future.
I found them online and initially I was bit hesitant to talk to them about my problem but when I spoke to Barry, I felt more comfortable, and he gave me all the information and advice I wanted without even thinking that I am going to give him business or not. Finally, I went with them, and they made the entire process so smooth and easy for me. john was keeping us updated with each step he was doing. I would recommend these guys for any patent or trademark related service.
I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.
