Hi there. An idea can be protected as a patent. 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. You can start your search using the national databases available from IP Australia (www.ipaustralia.gov.au), but you will also need to check international databases to ensure your search is comprehensive.

A comprehensive patent search will determine whether your proposed ‘service idea’ would infringe one or more existing patents, whether it be in Australia or overseas. If there are no existing patents covering your business idea, you may want to consider registering one. Note that patents are not always the right choice for every business, as they can be costly to obtain and maintain. However, if the potential for commercial returns outweighs these costs and there is no similar idea or existing technology, then a patent may be worthwhile.

Suggested way forward

Your first step should be to search for existing patents. This is a technical process that is best done with the expert assistance of an intellectual property lawyer or patent attorney. 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.