To quickly recap, IP Australia grants a patent after the examination of a patent application.

It is important to apply for a patent before your idea is publicly exposed. A standard patent lasts for 20 years, with annual maintenance fees paid from the fifth year. An innovation patent initially is for two years from the date of filing and there are then annual renewal fees to pay. This kind of patent lasts for eight years and provides a quicker and less expensive means of protecting inventions with a short commercial life. See www.ipaustralia.gov.au for more information on the different types of patent protection available and how to apply.

While other forms of IP protection might be pursued without professional help, patents in particular require expert advice. The claims in your patent application are the most important part of the patent specification because they define the legal boundary of the exclusive right you want for your innovation. Good drafting of a specification, especially the claims, is critical to the success of your patent application and that's where the expertise from a patent attorney is needed. If you need protection outside Australia, professional help is particularly important and a patent attorney should be consulted.

Protect your idea - and profit!

Here are some pointers to help you protect your new idea:

• Precisely identify your new idea or IP and record its key details. If it can be protected by registered rights, look at www.ipaustralia.gov.au or call 1300 651 010 for information about the types of protection available. See also the patent, trade marks and designs sections in the IP and Starting a Business section for more information.
  
  
• Either you, or your adviser, should search relevant industry literature and the patents, trade marks and designs databases with respect to your IP to ensure that your idea is new and not being used by someone else.
  
  
• It’s wise to contact a patent or trade mark attorney, or IP lawyer. These people specialise in intellectual property, and can help you determine the best IP strategy for your business.
  
  
• Establish proof of ownership of your new idea. This could include:
  
  
  • Establishing the date the idea or innovation was created
    
    
  • Assembling all relevant documentation, including contracts, log books and other records that can identify ownership of the IP
    
    
  • Determining if you developed your new idea yourself or if others were involved
    
    
  • Applying for protection. Particularly for patent applications it is advisable to use the services of a patent attorney. Application forms for patents, trade marks and designs are available from IP Australia.