#complete patent

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Don’t Let Misinformation Hurt Your Patent Process

Obtaining a patent is necessary to protect your invention. However, the process of filing a patent can be complex for some.

Certain rules apply to patent applications and these rules differ from country to country. It is important that you are familiar with these rules and clarify any misinformation you might have about patents.

Being unable to follow the rules or not fulfilling requirements can affect your likelihood of acquiring the patent. You can choose to hire an Australian patent attorney to assist you in filing the application.

Here we're discussing a few common issues that come up during the process.

Protecting your IP with a patent

Before you introduce a new idea, invention or a process in the market, you should ask these two things:

1. Can this invention be protected with a patent?

2. Does the invention infringe an existing patent?

In order to obtain a patent for your idea or invention, you must prove that it's new or innovative. Learn about the basic application process and requirements that you need to fulfil. Also track deadlines and draw a timeline to make sure everything gets done on time.

Is it patented or patent pending?

As we mentioned above, a standard patent is only granted if an invention is considered new or innovative.

The application has to undergo a proper examination before being granted a patent. As long as the process hasn't completed, you can't declare you invention as patented.

If you declare so before the patent has been granted, it will count as misleading as well as fraudulent advertisement. This is against Patent Act of 1990 section 178 which clearly states that a person or entity must not make false declarations regarding the award of a patent.

If you have already filed a patent application and are waiting for the final decision, you can instead declare it as patent pending. This will send the right message and not be counted as fraudulent.

Difference between a patentee and an inventor

A patentee is a person or an entity that entered as a grantor at the Patents Registrar. It is the person who has the patent granted to their name. This is most often the inventor of the IP.

However, if another person or entity acts as a grantor, they must also name the inventor as part of the patent or have their permission.

If you're looking for patent and trademark attorneys to help you in filing the application, we recommend Patentec's patent attorneys. Their team is equipped to provide reliable IP services for patents, trademarks and design rights.

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