Hi there. A patent can cover any device, substance, method or process that is new, inventive or useful. The owner of a patent has exclusive commercial rights to the invention for the life of the patent and can enforce these rights against third parties. A patent owner can stop others from manufacturing, using or selling the invention in Australia without permission, license the patent to someone else on agreed terms, and sue third parties who use the invention without consent. There are different types of patents for different inventions, and the life of a patent is generally between 8 and 20 years.

If you are looking to patent a method or process as part of your new business, you should first conduct a comprehensive search for patent information of competitors. This will tell you if another person has already patented the same or a similar invention and whether your method or process is likely to infringe an existing patent. Each registered patent document includes a detailed description of an invention and information about the inventor and applicant. If a patent is ‘pending’, this means the application for the patent has not yet been finalised.

You can start your search using the national databases available from IP Australia (www.ipaustralia.gov.au). You should also check international databases to ensure your search is comprehensive.

Suggested way forward

Effectively searching patent databases is a specialised skill and you would benefit from speaking to an intellectual property lawyer or patent attorney who can carry out the searches. They can also advise you whether your method or process is sufficiently different from any existing patents to avoid infringing the rights of a third party. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.