An invention can include a device, substance, compound, system, apparatus, method or process that offers a solution to a technical problem.
An invention can be protected by a patent as long as it meets the requirements for patentability. The requirements are that the invention must be inherently patentable subject matter, and must be new and inventive (or not obvious).
Any new and inventive technology that you come up with has the potential to be an invention, and may be protectable by a patent. An indication that you have developed an invention is where you have developed technology that allows for benefits or advantages that were not available before.
Patent law allows inventors to protect their inventions from being used without their authorisation by obtaining a patent for the invention. However, strict criteria are used to determine whether your application is eligible as a patent under patent law.
In order to obtain a patent for an invention, it must meet certain requirements. These requirements are that it must be inherently patentable subject matter, new, inventive (not obvious) and useful. However, while your technical development may be new to you, it may have been invented somewhere else in the world already, and so may not necessarily count as being a new invention. If the same invention has been disclosed in the public domain anywhere else in the world, then it is not new, and is said to be “anticipated” or lacking novelty.
If there are differences between what has already been disclosed in the public domain and your proposed invention, then it may have technical novelty. Once technical novelty has been established, the inventiveness requirement is about looking qualitatively at these differences, and asking whether these differences would have been obvious to a person skilled in that art. By focusing on the advantages or benefits that the invention offers, we can make strong arguments for inventiveness.
When you file a patent application, before it can be granted as a patent, an examiner from the patent office will assess whether these requirements have been met. Before filing a patent application, it is also possible to have patentability searches carried out on existing patent databases, scientific papers, websites or other publications from around the world with a view to establishing if it is new and inventive.
You can file a patent application before or after performing a patentability search. An advantage to performing such searches as soon as possible is that it can highlight novel features in the subsequent patent application or in some cases add new developments to your provisional application to overcome the prior art found in the searches. It will also tell inventors early on if their invention is patentable, or give them an idea of what scope of protection they may be able to get.
The patent application process is quite long and at times complex, engaging the help of a patent lawyer or patent attorney, such as those at Guardian IP, is recommended to expedite outcomes.
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.
