Patent Applications

Patent Application Attorney

Dedicated patent attorneys, offering personalised and commercially oriented services related to patent applications, finalisation and defence.


What Is A Patent Attorney?

A patent attorney is a specialised legal professional trained to exclusively practise intellectual property (IP) law and in particular one that is skilled in preparing and filing patent applications.

Not only trained to manage new patent applications, patent attorneys are also normally experts in design rights, trade marks, copyrights and all other areas of IP legislation.

They are the ideal point of contact for help with patent application filing and determining if this is the correct type of IP protection for your circumstances.

Able to professionally draft a patent application on your behalf and facilitate complication-free application processing, they can also help defend your patent rights when infringed upon.

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Why Submit A Patent Application?

An Australian patent application, once approved, gives you exclusive rights over your invention and how it is used, manufactured, marketed and more.

This also includes the ability to legally defend against copycats and the ability to licence its use for financial gain.

Securing a patent is the only way to adequately protect your innovation and ensure you are the one to benefit financially from it.

A powerful asset, patents can also add value to your business or company and give you a serious advantage over the competition.

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Patent Applications In Australia

For Australian patents, the patent application process is handled by IP Australia, the governing body responsible for overseeing registered intellectual property law.

While other nations offer different types of patent applications, in Australia there are two types of patent applications. A provisional patent application and a standard patent application.

Before making an application for a patent, it is a good idea to first perform a variety of checks and detailed research. This is to ensure there are no existing or pending patent applications for a similar or the same invention.

For your patent to be granted, there are strict criteria that must be met by your invention. This includes determining whether your invention is truly new, inventive, useful and that it meets the manner of manufacture guidelines.

Pending your invention meeting all requirements, you can then pursue completion and submission of your application online. This will require significant additional paperwork including a detailed specification.

Once filed and when ready, you will need to request an examination. Following this your patent application is published and once accepted by the patent office, third oppositions to it can be lodged. Should any issues or oppositions arise, you are allowed to attempt to resolve these and respond.

Timelines for how long a patent application takes to process can vary significantly. You can expect a minimum of six months from filing to the granting of your patent if you expedite your application.

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Can I Manage My Own Patent Application Without An Attorney?

Preparing a successful patent application is incredibly complex and time-consuming.

Without adequate research and preparation, your application is likely to face delays in processing and approval. Patent specifications require specific wording and are incredibly legal and technically complex. If your patent application is not properly prepared, you risk losing your rights to the invention.

It could also mean your invention is not adequately protected, leading to added patent application costs for reissues to correct these mistakes. In some cases it is not possible to resurrect a badly drafted patent specification.

During this time, your invention may be at a higher risk of infringement and your legal rights are harder and sometimes impossible to enforce. The best way to avoid these complications is to engage an expert patent attorney.

A professionally prepared application supports quicker processing and the more rapid granting of your patent.

Additionally, should any concerns or opposition be raised regarding your application, a patent attorney is best placed to quickly resolve these.
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IP Guardian - Leading Patent Application Attorneys

With decades of combined experience behind them, IP Guardian offers extensive expertise across every aspect of patent applications.

Having supported a wealth of clients to protect their IP through successful patent applications, we offer unmatched service and advice.

We can assess your proposed patent in detail, undertaking in-depth research to check for any potential difficulties, issues or conflicts before application.

Once submitted, we track your application's progress to its successful conclusion via the provided patent application numbers.

This dedicated, professional approach allows for the correction of problems in advance of submission for a streamlined, stress-free approach to patent applications.

Should you already hold a granted patent and need support to determine whether a competitor has infringed your patent, we can support you to do so. We can also help you determine whether your product may be infringing your competitors patent and where possible assist you to design around it.

Being both affordable and accessible, we make it easier to obtain qualified legal advice regarding your application for a patent, guaranteeing optimal outcomes with zero compromise.

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