Published on 17/09/2019 by Any Business.Com.Au

How do I get a patent for my business?

While a patent might be the first thing you think of when developing new products in your business, there are various types of intellectual property (IP) that exist to encourage your business to innovate.

IP rights can be an effective way to assist in successful innovation of your idea. An innovative idea should be treated as a secret until you have formally registered or secured ownership of the innovation.

The main types of IP are:

  • Patents
  • Trade marks
  • Copyright

Patents

The best way to protect something you develop is to apply for a patent. A patent is legally enforceable and gives you the exclusive right to commercially exploit your invention for the life of the patent. The only creations that can't be patented are artistic creations, mathematical models, plans, schemes or mental processes.

When you apply for a patent through IP Australia, the application is assessed against the necessary legal requirements.

A standard patent provides long term protection and control over an invention for up to 20 years from the day you lodge your application. Depending on the circumstances and the type of protection you are applying for, examination can take from six months to several years.

An innovation patent is useful for small-to-medium-sized businesses seeking a first-to-market advantage over competitors. They protect innovative ideas or creations, but may not necessarily be new inventions. This patent protects the idea for up to eight years and is generally granted within one month. Innovation patents don't allow you to legally stop others from copying your innovation unless you have your innovation patent examined.

Trade marks

A trade mark is a way of distinguishing the goods or services of your business from those of other businesses. It gives you exclusive rights to commercially use, license or sell the trade mark. This means that no one else in Australia can commercially use your trade mark within the class of goods and services it's registered under.

Any feature (or combination of features) that distinguishes your goods or services from others can be registered as a trade mark. This includes: a letter, number, word, phrase, sound, smell, shape, logo, picture or aspect of packaging.

If your business name is painted on the side of a truck, for example, a trade mark is a legally enforceable way to protect it.

How to register a trade mark

  • First, search IP Australia's Australian Trade Marks Search System to make sure the trade mark you want to use is available. This search will provide you with both currently registered trade marks and trade marks which are being applied for.
  • You can then apply for a standard trade mark through the IP Australia website
  • Generally, your application will be assessed three to four months after you file the application. If your trade mark is accepted, it will be advertised as an accepted application in the Australian Official Journal of Trade Marks. If anyone wants to challenge your application, they can file an opposition.
  • If no oppositions are filed against you, or if they are not successful, your trade mark will be registered when you pay the registration fee. You must pay within six months from the date your accepted application is first advertised.
  • The cost of applying for a trade mark will vary depending on the protection you are seeking. Generally, the minimum cost to apply for a trade mark is around $250 for each class. Most small businesses often only need one or two classes.
  • Once registered, the trade mark is protected in all Australian states and territories for an initial period of 10 years. For international protection, you need to register your trade mark in each country you want protection in.

The Institute of Patent and Trade Mark Attorneys of Australia is a representative body for Australian patent and trademark attorneys. This site provides the latest news and resource information about patent and trademark law in Australia.

Copyright

The livelihood of your business can rest on the ability to stop others from copying your creations.

Copyright is one of two forms of intellectual property that don't require formal registration.

Copyright protects the expression of ideas and information in certain forms including writing, music, visual images, broadcasts, sound recording, moving images and computer programs. Copyright protection is provided under the Copyright Act 1968. It is designed to prevent the unauthorised use by others of a work that is in its original form.

Though copyright protection is free and automatic, consider placing a copyright notice in a prominent place on your work. Although it's not necessary in Australia, it can act as a reminder to others. It can also be required to establish copyright in some countries.


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AnyBusiness.com.au

Curtis is a leading expert in the business-for-sale industry, serving as a senior content creator at anybusiness.com.au.

With a career spanning over fifteen years, Curtis has accumulated extensive knowledge in the domain of business sales, acquisitions, and valuations. His deep understanding of market dynamics and his ability to translate complex industry jargon into accessible insights make him a trusted resource for entrepreneurs and business owners looking to buy or sell businesses.

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