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Patents

Terms of Use

(click drop down menu items to open or close)Patent Image from US 1834 seed planter patent

  • What is a patent?

    • A patent is a form of intellectual property right that protects a new way of producing a valuable commercial result.  We usually think of a patent as protecting a new invention, however patent protection can be applied in a broader context.

  • What kinds of "inventions" can be patented?

    • Increasingly the law recognises new types of "inventions" that can be patented.  Certain types of software and business processes can potentially be patented.  Traditionally new inventions or products that work differently to anything the market, and new ways of manufacturing products have been patentable.

  • Can you get an international patent?

    • While there is an international application process "the PCT application", there is no single "international patent".  Like most forms of intellectual property, patents are at first instance nationally based.  Provisional international protection can be obtained by filing an international PCT application.  This provides a priority date on which later national protection will be based if filed within required time limits.

  • What's the difference between a patent and a trade mark?

    • A patent protects the function of a new invention - a new and original way of achieving a valuable result.  Trade marks on the other hand protect business reputation and brand. 

  • How can you protect a patent if you can't afford litigation?

    • If you have a valuable patent and can't afford to protect it from potential rivals, you may want to consider finding business allies who can play that role (e.g. by licensing your invention).

  • How long does a patent last?

    • A standard patent lasts 20 years.  Pharmaceutical patents can be extended for a further 5 years.  Innovation patents last 8 years.

  • What's the difference between patents and copyright?

    • Patents protect how something works or a way of doing something.  A patent can be infringed even if the party infringing does not know the patent exists.  Copyright involves "copying" the way that an author or creator has expressed a copyright work.

  • Patent Links