Can I patent a device?
Patents can be used to protect a new technology or the manner in which a device works. In Australia, patentable subject matter requires that in order for an idea to be patented, it must be a ‘manner of manufacture’.
Can I patent a business method?
Australia is generally open to the filing of patents relating to business methods. However, not all business methods satisfy the requirements of patentability. Essentially, the patentability of the business method depends on it having an observable effect, something which is tangible. Business methods without a physical aspect therefore are often rejected during examination.
Like Australia, countries such as USA, Japan and Singapore are similarly accepting of patents relating to business methods. However, this is not the case in Europe, where business methods as a general rule cannot be patented in a direct sense.
Can I patent in another country?
Once you have lodged a provisional or standard application in your relevant patent office, a Patent Cooperation Treaty international application is usually lodged within the next 12 months. Lodging a PCT application with the World Intellectual Property Organisation (WIPO) initiates the international phase of the process of obtaining patent protection in the countries you elect.
Can I patent in all countries?
Your PCT application will establish a filing date in more than 130 countries which are signatories to the treaty and lasts up to 30-31 months from the priority date before it lapses. You can obtain patent protection in each country of interest by completing applications, known as national phase applications, to be filed in each individual country prior to the expiry of the PCT application.
Important Disclaimer: The information on this website is not legal or professional advice. The information may:
- not be correct;
- only relate to the law or practice in a given country; and/or
- be outdated.