Can My Innovation Be Patented?

Whether your brand-new item or other development happened from an abrupt flash of ideas, or was the culmination of several years of sweat as well as rips, you may fear to secure this intellectual property you have produced, as well as prevent others from taking it. Apart from brand-new items, licenses may additionally safeguard copyright civil liberties in relation to new production processes, screening procedures, as well as chemical substances, along with different uses for some existing products such as drugs and also chemical substances. The actual range of creations which can be copyrighted varies from nation to nation, however usually an innovation that is able to be used in some kind of market will be patentable.

Nevertheless, the innovation has to likewise be new or novel, and also consist of a "non-obvious" creative action.

Most importantly, the person or organisation obtaining the license must be very first to do so in connection with the particular invention that is the subject of the license application.

If an invention has actually already been released to the market, promoted, used, or also simply disclosed, its innovator might shed the right to obtain a license for it. It is as a result crucial not to disclose your creation till you have submitted your license application.


Special treatment is required in developing a patent application, so regarding ensure that the development is explained completely, including your "claims" specifying the inventive step(s). Subject to the application being authorized, you will certainly gain a monopoly right providing you special usage of the innovation for up to 20 years. To maintain that period of defense, you might need to periodically restore the license.

In Australia, under the Patents Act 1990 (Cth), it is likewise possible to get an "technology license", which does not need a creative action, just a cutting-edge action. Although the optimum term for a cutting-edge patent is only eight years, oftentimes cutting-edge licenses are a suitable option, as there can be substantial costs cost savings. Eventually, the choice about whether to apply for a basic license, or an innovative patent, might hinge on the value of the license, as well as the period over which the monopoly right will certainly work in practice. Because disclosure or publication of your invention may affect your capacity to obtain a license for it, it is very important to obtain expert recommendations at an early stage.

Stephen Bourne is a lawyer in Australia (see profile ), as well as also contributes write-ups and instance summaries to the Ekupu Law Library web site. Stephen has legislation as well as service credentials, and is a Fellow of the Australian and New Zealand Institute of Insurance and Finance.

The optimum term for a cutting-edge patent is just eight years, in numerous cases innovative patents are a proper alternative, as there can be substantial expenses cost savings. Ultimately, the choice about whether to use for a conventional license, or an ingenious license, might rest on the worth of the license, and the period over which the syndicate right will be useful in technique. Due to the new inventhelp commercial product ideas fact that disclosure or publication of your innovation may impact your capability to get a license for it, it is vital to get professional advice at a very early stage.