Patent attorneys

Patents

Use a patent attorney or a patent lawyer to secure your intellectual property.

What is a Patent?

A patent is an intellectual property right granted for an invention that is novel and inventive. For the life of the patent, the owner has the exclusive right to commercially exploit the claimed invention within the jurisdiction in which the patent is granted.

For patent attorney services in Australia, IP Guardian can secure your patent and protect your intellectual property.

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Malaga Tile Centre

6 September 2022

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.

Tim Buttery

5 July 2022

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.

Elias Hajjar

23 June 2022

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

Michael Dempster

1 June 2022

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

Carlos Enwiya

5 April 2022

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%.

Liam McNamara

28 February 2022

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.

M C

10 December 2021

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.

Lincoln Naish

6 August 2021

IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.

B Product

5 August 2021

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.

Andrew Long

5 August 2021

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.

Where do I Start?

The starting point for most inventors is to determine whether your invention is in fact novel. Simply because you have not seen your product for sale does not mean that it is new, although that can be a good leading indicator, especially if there is a strong need for your invention. One way of determining the novelty of the invention is to have a preliminary novelty search performed by a patent attorney. This also helps provide a good understanding of the prior art against which your invention will be assessed if you decide to proceed with the patent process.

Filing a Patent Application

In some cases, inventors decide not to have a novelty search done and to proceed directly to filing a patent application. However, this is commonly only the case where the field of the invention is evolving rapidly or where there is potential to immediately license or sell the invention. Unless you have a good reason for not doing so, we recommend your first step is to have an expert patent lawyer from IP Guardian perform a novelty search. This is because the patent process gets progressively more expensive, and it is better to know sooner whether your invention is likely to be patentable or not.

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Business team meeting to discuss IP intellectual property protection.

What’s The Next Step?

If novelty searches show that your invention is novel and inventive, the next step is to file a patent application. Filing a patent application secures the priority date for your invention and essentially locks in the date on which your patent will be assessed for novelty and inventive or innovative steps.

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Meet the IP Attorneys

The IP Guardian team brings together decades of intellectual property law experience.

Two Types of Patents

There are two types of patents you can file in Australia. These are a provisional patent application and a standard patent application. A provisional patent application is valid for 12 months after which you must file a standard patent. During these 12 months inventors typically develop and improve their inventions and the improvements are captured in the standard patent that is subsequently filed.

Filing Provisional and Standard Patents

You can of course file a standard without filing a provisional patent application however this typically involves spending more money upfront and does not give you the opportunity to incorporate amendments and product improvements.

It is important to note that an Australian patent is valid in Australia only and if you want patent protection overseas you will need to file a patent in that overseas country. That’s when you’ll need to look for an expert patent attorney in Australia to help you tackle all the legal issues. Your Australian Patent Attorney can assist you in filing your patent overseas and assist you in deciding which type of patent to file in Australia. Don’t risk putting your patent in jeopardy but hire the best patent lawyers Sydney has to offer right here at IP Guardian.

Ask us how

It is important to note that an Australian patent is valid in Australia only and if you want patent protection overseas you will need to file a patent in that overseas country. That’s when you’ll need to look for an expert patent attorney in Australia to help you tackle all the legal issues. Your Australian Patent Attorney can assist you in filing your patent overseas and assist you in deciding which type of patent to file in Australia. Don’t risk putting your patent in jeopardy, but hire the best patent lawyers Sydney has to offer right here at IP Guardian.

Person thinking about intellectual property.

Patent Attorney FAQ's

"IP Guardian helped me to protect my idea before I disclosed it to third parties, ensuring it was secure from copying."

What if I Decide Not to File a Patent Application?

Unless you patent your invention, anyone can use it for free. A famous example of this is the electrical power board invented by Kambrook in 1972. Kambrook decided not to patent the idea and lost millions in revenue when other manufacturers were able to copy the hugely successful invention without having to pay a royalty.

Can I Tell Other People About My Invention Before I File a Patent Application?

You should not disclose or commercialise your invention before filing a patent application. If you do so you risk losing any protection you may have been able to secure.

Can you provide a patent attorney in Sydney?

Looking for a patent lawyer in Sydney? Our team of IP Guardian experts can provide you with patent attorney services in Sydney, and across more of Australia.

Is it expensive to get a patent lawyer in Brisbane?

Getting the right Brisbane patent attorney to help with your IP doesn’t have to cost an arm and a leg. Contact IP Guardian to get a patent attorney for Brisbane, Australia-based patent requests.

Can you protect my IP with a patent attorney in the Gold Coast, Australia?

In search of a patent lawyer on the Gold Coast? Well, in Queensland, we’re not just limited to providing a patent attorney in Brisbane. Our team at IP Guardian can help you with Gold Coast patent attorney services.

Where can I get a patent attorney in Melbourne, Australia?

What Is A Patent?

A patent is a form of intellectual property that protects new and inventive technology or inventions. A patent protects a broader concept by laying claim to the features that it has that allows it to work in a particular way. You can patent a device, method, process or substance so long as it is new (novel) and inventive.

Holding a patent gives the owner exclusive legal rights over the invention and means nobody else is permitted to commercialise the invention in the country where the patent is granted while the patent is in force, including making, using, exercising, selling, offering for sale or importing the invention.

How To Patent An Idea

There is a formal patent application process that you must go through in order to secure a patent. During the process the patent application is tested to see if the invention is new and inventive.

This is done through the relevant patent office where you are applying for a patent. IP Australia is the governing body for protecting intellectual property in Australia.

The process is complex, involved and can take several years to finalise, which is why we strongly recommend engaging experienced and knowledgeable patent attorneys such as those at IP Guardian.

How Long Does A Patent Last?

A standard patent issued in Australia lasts for up to 20 years or 25 years for pharmaceutical substance patents. This lifespan is fairly typical for patents in most countries. A patent's validity and duration of protection also typically requires renewal or maintenance fees to be paid on time.

How Much Does A Patent Cost?

Costs will depend on what type of patent application you file and how many countries you want to extend patent protection to.

In order to ensure that the patent is written properly (a patent specification can often range from 10-80 pages in length, and is a bespoke legal document) the main cost is the time that a patent attorney takes to write it. Relatively negligible official filing fees are also payable. The cost will typically vary between $5000 to $15000 +GST to draft and file a provisional patent application. This will start the process and get you a filing date for the subject matter contained in the patent specification.

Can A Business Idea Be Patented?

There are limitations on what is considered patentable subject matter, especially in the case of software-type patents. Each case needs to be looked at on its own merits. You may be able to get protection for a tool for doing business, but not for a method of doing business. The limitations on what may be patentable also changes from country to country.

To check if your business idea can be patented, it is best to check with a patent attorney.

How To Patent A Product In Australia

To patent a product in Australia, you will need to apply for a patent at IP Australia, setting out your idea in the correct format.
IP Australia will then perform a series of checks to ensure your idea is indeed new and inventive over the “prior art” (i.e. the subject matter that is already in the public domain anywhere in the world).

You will also need to follow a series of strict application criteria as per IP Australia. Failure to understand or adhere to these criteria will see your application denied.

The process for patenting an idea in Australia can take several years and understanding the concepts around patents can be difficult, so is best managed by a dedicated patent attorney.

Why Should I Use IP Guardian?

Ultimately, only a small number of “do-it-yourself” applications are successful. Most are abandoned due to insufficient knowledge of the application process or requirements. Professional advice is therefore essential for the desired outcome. Feel free to contact your patent attorneys from Sydney for any type of advice you need. We at IP Guardian are at your service whenever you need guidance regarding your patent.

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Specialised Patent Attorneys Sydney

We offer convenient payment options including "Protect Now Pay Later" or "Buy Now Pay Later" (BNPL) options so you can protect your IP including patents, trade marks and design registrations immediately and pay over time with no interest.