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Patent law is a branch of intellectual property law that focuses on protecting new inventions. Traditionally, patents protected tangible scientific inventions such as circuit boards, car engines, heating coils, or zippers. However, over time, patents have expanded to cover a broader range of inventions, including coding algorithms, business practices, and genetically modified organisms.
As competition increases and global commerce evolves, the way patents are approached and managed has also changed. Today, it is essential for businesses to have an intellectual property strategy that not only maximizes the value of their patents but also reduces unnecessary costs and risks.
At Kakakhel Law Associates, we have filed patents with the Patent and Trademark Office across a wide range of disciplines, including Information Technology, Biotechnology/Life Sciences, Chemicals, Manufacturing, and Electronics. While obtaining patents is crucial, it is only one step in building a patent portfolio that provides necessary protection while optimizing marketability.
Our clients benefit from continuous reviews of patent usage, competitor activities, and market trends. We establish and manage patent portfolios for both local and international clients, including large corporations and enterprises.
A patent is an exclusive right granted by the government to the inventor of an article, device, substance, process, or method that is new, inventive, and useful. In return for this exclusive right, the inventor must disclose the details of the invention to the public.
A patent grants the inventor the right to exclude others from exploiting the invention for the duration of the patent, which typically lasts up to 20 years from the filing date.
Virtually any new and useful invention can be patented. Examples include mechanical devices, electric circuits, chemical compounds, genetically modified organisms, and the application of computer software and algorithms. Business methods and manufacturing processes can also be patented, particularly if they involve computers and information technology. The invention does not need to be a major breakthrough; even small improvements or variations may be patentable. However, there must be an inventive step, meaning the improvement cannot be considered obvious to a skilled worker in the relevant field.
Generally, items such as plans, schemes, artistic creations, and mental processes cannot be patented. The law surrounding permissible patentable subject matter has evolved over time based on court decisions and can vary between countries.
The first step in filing a patent application in Australia is often the lodgment of an application, accompanied by a provisional specification, at the Patent Office. The provisional specification describes the invention and (in most cases0 its date of lodgment determines the 'priority date', on which date the invention must be new.
Within 12 months of lodging the provisional application can be lodged at the Patent Office. Where an invention is in development when a provisional specifications can be lodged in the 12-months period to include additional material. All such provisional specifications can be combined in a single with a series of numbered paragraphs called claim. The claims define the monopoly sought - both the particular embodiment of the invention as described in detail in the specification and variations.
Under the Patents Act 1990 it is possible to file a patent application that claims the same priority date as one previously filed and claims matter disclosed in an earlier application. These divisional in an application have a maximum term of 20 years, common with the parent case, but must be filed prior to sealing of the parent complete application.
The novelty test for an innovation patent, as for a standard patent, includes publication or use anywhere in the world. However a lower innovative step applies. The innovation patent contains a maximum of five claims, has a shorter term (eight years instead of 20) and no extension of term is available. Applications are not subjected to examination, however, for the patent to be relied on infringement proceedings - the patentee must request examination and the patent must be validated.
An application for a patent of addition may be made for a single improvement in, or modification of, the main invention in an earlier patent. The owner must be the same as the earlier patent or a person authorised by the owner.
No. Patents are obtained on a country-by-country basis, although there are a small number of regional patent arrangements, including one in Europe. The Patent Cooperation Treaty also exists, however this only applies for a short time during the application stage and national patens still ultimately result.
Patent attorneys provide the expertise required in order to obtain and protect IP rights. This involves managing the processes by which patents, trademarks' rights are granted, and advising on the issues surrounding their validity and infringement. Patent attorney must have a degree in engineering or since.