Effective patent protection
can supercharge your appeal
to investors, produce new
revenue streams while
raising your share price, and
it can inhibit and discourage
competitors and potential
infringers, while placing you
in a more beneficial position
within your key markets.

Effective patent protection can supercharge your appeal to investors,
produce new revenue streams while raising your share price, and it can
inhibit and discourage competitors and potential infringers, while placing
you in a more beneficial position within your key markets.

At Platform IP we have proven expertise within all major industry sectors and technology specialisations, and we have worked with the complete range of patentable inventions. It doesn’t matter who you are, if you’re big or boutique, just starting out or already have an established portfolio, or if you’re local or global. At Platform IP, whether you’re an inventor, a researcher, a scientist, a creative, or a designer across any field, we consistently achieve results for our clients, and are the trusted, go-to patent professionals for switched on entrepeneurs, thinkers and doers, the world over.

Experience

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    Chemical, biotech and pharmaceutical patents
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    Civil engineering and construction patents Consumer product patents
  • +
    Electrical engineering and electronics patents
  • +
    Fintech patents
  • +
    Mechanical engineering and mining patents
  • +
    Medical device patents
  • +
    Physics and optical engineering patents
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    Software, apps and computer patents including AI

Help me apply for a patent

A patent will secure your commercial advantage from conception to commercialisation and beyond.

So, whatever your patent problem, our expert patent team will develop powerful, targeted, breakthrough IP strategies that help you to successfully clear stumbling blocks and forge ahead, even in the most demanding and difficult terrain. We will support you to enforce and defend your patents to ensure your competitive advantage now, and for the entire life of your IP. Working with all major industry sectors and technology specialisations, we strive to deliver the maximum return on your investment by securing for your innovation the broadest possible scope of protection.

Still Unsure? Find Out Why You Should Apply For A Patent

1. You prefer a monopoly

Patents are one of the most effective barriers to entry for competitors to your
market. So, if you would like to trade exclusively, whether you deal in products or
processes, a patent will help you corner your market.

2. You want greater returns without the legwork

If you have a patent that another party wants, you can sell or license it for profit.
Commercialisation can also save on manufacturing and distribution expenses,
put your product or service in front of new markets and into new sales channels
without any investment on your part, and they can open up additional earning
potential through royalty payments and license fees.

3. You want a higher degree of control for future commercialisation

Patents deliver formal protection that safeguards you in your commercialisation
interactions. As a patent owner you are able to enforce your rights, and dispute
the creation of other patent rights that fall within the scope of your own
patent(s), safeguarding you right throughout the commercialisation process.

4. You need to broaden your funding options for commercialisation

Start-ups cannot always achieve their goals and aspirations with internal
funding alone. If this is the case, patents can make you more desirable to
investors, enabling you to fulfil your important business objectives well into the
future. In some sectors like technology, investment can even depend on the
existence of a patent.

5. You want the world to see how in demand your products are

If someone buys or licenses your patent, this is confirmation to the world that your products are innovative and in demand. Sharing this information can be a highly effective marketing tool for your business.

Talk to us now

What do I need to know before applying for a patent?

Because inventors are closest to their idea, it can be tempting to overlook the need for the expertise of a patent attorney when embarking on the patent journey. However, it is crucial to understand that applying for and maintaining a patent is a complex process that is full of potential pitfalls and risks that cannot be properly mitigated without detailed knowledge, expertise and experience. Hazards, which have the potential to extinguish your ability to claim rights at all, can arise before you have even commenced the drafting process.

To begin with, you must ensure that two key preliminary requirements are met to claim patent protection. These are that are that your invention must be novel (or new), and it must also be inventive at the time of filing your earliest patent application. Under the Patents Act, “inventive” means that the invention must not “be obvious to a person skilled in the relevant art in light of the common general knowledge”, and that it should provide significant commercial or technical benefits above and beyond what already exists in the market.

The other crucial condition that must be satisfied when drafting your application, is that the invention must be disclosed in a way that is clear and complete enough for the invention to be utilised by a person skilled in the relevant field.

Provisional
Patents

Once these elements have been determined, you need to consider what sort of patent application to proceed with. In some circumstances, it may be more beneficial to apply for a provisional patent in the first instance, rather than to progress immediately to a complete application.

Provisional patents are not compulsory, and neither are they necessary in every case. However, they can be used strategically, and are extremely advantageous in a wide range of circumstances. For example, if you operate in a highly competitive industry where continual innovation requires that you obtain the earliest possible priority date, it is likely that a provisional patent will be in your interests. Likewise if you still need time to establish whether or not your invention is promising enough to warrant further financial and time investment, or where your idea is not sufficiently formed to the extent that you are able to proceed to a complete application.

Find out more about provisional patents

How a provisional patent can advantage you

Although provisional patents are not available in every jurisdiction, they are an option in most, including in Australia. In the right circumstances, they bring with them a host of valuable benefits, including strengthening the legitimacy of your future patent, enhancing your ability to enforce your patent in the future, and improving your chances of attaining a successful patent examination. They are also a relatively inexpensive and streamlined way to hold a place for you should you decide to proceed to a full application at a later date.

Provisional patents have a lifespan of 12 months, throughout which time the inventor has the freedom to add undisclosed material at any time. This is not available under a standard patent, and can be very valuable if you are not completely sure that your innovation is complete, or if you need time to prepare for national filing. Owners of a provisional patent are also able to secure a priority date before potential competitors, which essentially confers on the applicant an additional 12 months to lodge a complete specification.

If you file your provisional patent in Australia, you are also able to request an International Type Search (ITS), searching the claims or subject matter identified in a search statement submitted with the request. An ITS takes six to eight weeks to complete (excluding the expert attorney review of the results), and provides a valuable opportunity for you to evaluate the patentability of the claims and/or the searched subject matter throughout the period that the provisional application is pending. This is a key benefit because it allows you to achieve peace of mind before committing to filing a non-provisional patent application, which can involve significant time and financial investment.

If you are looking to pursue a provisional patent application, in most cases it is important to undertake an international patent search. If you have carried out a patent novelty search prior to filing however, this may not be necessary, based on the results of that search.

It is important to remember, that if the complete application is not submitted prior to the 12 months elapsing, claiming priority from the provisional application, the earlier priority date of the provisional application will be lost.

Quick Guide

You are the inventor or rights owner of an idea or an invention for a product and/or process which is new and involves some ingenuity or exercise of inventive skill. The idea does not need to be complex or be a major breakthrough.

Meet with a Patent Attorney to discuss your options.

A worldwide patent search should then be carried out prior to taking steps to patent an invention. The search may identify any potential obstacles of use and provide insights as to likeliness of patentability.

Depending on the circumstances, a provisional application may be more appropriate if the invention is in its early stages, where more time is required for prototype development.

Patent Attorney prepares specification and files provisional application with the relevant Patent Office. This establishes a “priority date” for the invention.

Upon filing, the applicant is provided with a 12 month window in which to proceed with patenting. Modifications and changes may be made if necessary prior to next step.

Prior to the expiry of the 12 month period, the applicant may decide to file a standard patent application or an international patent application for applicants seeking international protection.

The inventor or rights owner is not entitled to
represent that an invention is patented until
the patent has been officially granted.

Standard
Patents

In many cases, such as when it is clear that your invention is complete,
it may be most commercially advantageous to proceed directly to a standard
patent application – known as a “complete application”. The same initial
requirements apply that the innovation be new and inventive, and that
it be drafted meticulously.

The key elements of a standard patent are:

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    It is possible to have a pre-filing search carried out before filing a patent application
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    Depending on the circumstances, examination can take from six months up to several years
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    Examination is mandatory as certain requirements must be met before patent is granted
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    If granted, protection is for a maximum period of 20 years (which can be extended to 25 years for inventions relating to pharmaceutical substances) commencing from the earliest priority date
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    Mechanical engineering and mining patents
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    Once a standard patent is granted, enforcement by way of taking necessary legal action for any infringements that occurred from the date your application was published may commence

Claims

It is crucial to ensure that your application is sufficiently detailed and
targeted. Platform IP attorneys will ensure that your patent application has
the requisite polished and refined claim structure that emphasises the
inventiveness of your invention, as well as a comprehensive description that
strongly reinforces the claims that you have made, to optimise your chances
of registration.

To achieve the most focused and developed claim structure, our attorneys identify all new ideas related to your innovation, as well as new ideas from different perspectives with numerous sets of independent claims, and they anticipate all the ways in which your competitors could bypass or evade your claims, and reword them in accordance.

To accomplish the most supportive and comprehensive description that fortifies your claims to the highest degree, we capture all embodiments of the idea thoroughly, and then iterate and meticulously work through variations, incorporating these into your description as well.

Talk to a patent attorney now

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IP
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