Everything You Should Know About Filing A Patent Application
If you have an invention, a patent is also needed in order to get all the protection you need. Nonetheless, this is not simple, and you need some help. We have decided to help you a bit and we will offer you all the information you need.
You can get a patent for a substance, device, method and process. The invention must also be useful, new, innovative or inventive. Once you get the patent you will receive exclusive commercial rights to your invention, which represents a monopoly.
Types of patents
It is also important to know which types of patents are out there. For instance, in Australia there are two types of patents granted. The first one is standard patent, while the second one is the innovation patent.
The standard patent can last up to 20 years after you file your application. When it comes to pharmaceutical substances it can last up to 25 years. The invention must be made or used in an industry and must have something innovative.
Meanwhile, the innovation patent offers protection for invention that has a short market life. This works for products that should be surpassed by newer innovations in time. In this category we can have computer-based inventions. This patent lasts for up to eight years.
You should know that that Australian patents will only offer you protection in the country. If you need protection overseas there are two options that you need. You can choose to file different separate patent applications in every country. This is a good alternative if you need a patent in just a couple of countries.
However, you can also choose to file a single international application under the Patent Cooperation Treaty which is administered by the World Intellectual Property Organization (WIPO). This application has automatic effect in 152 countries, including Australia.
Get some help
Sometimes the entire process might get tricky. The good news is that there are plenty of professionals that can help you with your national patent applications. They will make sure that your applications will be completed in the shortest time frame possible.
The International Patent Application Process
The PCT procedure has two main phases. The first phase needs an international application while the second one stars when the application enters a number of countries where it will be evaluated. Therefore, we can name these two phases the national phase and the international phase.
There are plenty of reasons why you should choose this process for a patent. Filing in every country would take too much time and it would be too expensive. You have up to 30 months to choose the countries where to receive a patent.