IP Guardian ~ Sydney Australia


Dedicated patent and trade mark attorneys, personalised and commercially oriented service.

What is a Patent?

A patent is an intellectual property right granted for a new invention that is novel and inventive or innovative. 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.
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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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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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Three Types of Patents

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

Filing Provisional, Standard and Innovation Patents

You can of course file a standard or innovation patent 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.
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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.
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Frequently Asked Questions

"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.
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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.

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.