What is a Patent, and Can I Get One?
We’ve all heard the expression “that’s a great idea, you should patent it”. But what does getting a patent entail? And are there things that cannot be patented?
What is a Patent?
A patent is legal protection for any device, substance, method, or process that is new, inventive, and useful. To be granted a patent, you'll need to make sure that your invention is:
- New – it must be novel.
- Useful – it can be made or used in an industry.
- Inventive – it's different enough to what already exists.
- A Suitable Subject Matter – known as 'manner of manufacture'.
Patents are legally enforceable and will give you exclusive rights to your invention for the life of the patent.
Types of Patents
There are generally two types of patents:
- Standard Patent: This provides long-term protection and control over an invention, lasting up to 20 years.
- Pharmaceutical Patent: This can provide protection for up to 25 years for pharmaceutical substances, due to the time needed for research, development, and investment in medical areas.
Rights Granted by a Patent
A patent gives you the right to stop others from manufacturing, using, or selling your invention in Australia without your permission. It also allows you to license someone to manufacture your invention on your terms. Additionally, you can take legal action against others who are using your invention without permission.
What Cannot Be Patented?
There are certain things that cannot be patented, including:
- Abstract Ideas: For example, you cannot patent Einstein’s theory of relativity (E equals MC squared) or Newton’s law of gravity.
- Artistic Creations: These are not patentable.
- Mathematical Models: These cannot be patented.
- Purely Mental Processes: Ideas or processes that do not involve a physical aspect cannot be patented.
- Things Contrary to Law: For example, a new process to print counterfeit money cannot be patented.
- Food Recipes: A new mixture of individual ingredients, like a new cake recipe, cannot be patented.
- Naturally Existing Chemical Compounds: While you cannot patent the discovery of a naturally existing chemical compound, a new method of using the compound might be patentable.
- Publicly Known Inventions: If your invention has already been made publicly known, or if you have been selling the product, using the process in your business, or licensing it, it disqualifies it from being patentable.
Seek Legal Advice Before Applying for a Patent
Before applying for a patent, it’s crucial to seek legal advice to ensure your invention is eligible. Here at GLG Legal, we can help you with every aspect of applying for a patent and assisting you in growing your business.
Contact Us
For assistance, contact our office at (07) 3161 9555 today.