Patents

Patented inventions and innovations can be derived from diverse areas and fields, such as but not limited to technical inovations, business models, manufacturing systems, infomration technology systems, abstract models, science and engineering processes. Our experienced patent attorneyss have an indepth knowledge of all aspects of intellectual property law and work with consultants with technical qualifications. In conjuntion our teams work together with you to expertly handle your technology and patent drafting needsto ultimately protect your invention.

Australia is a member of Patents Cooperation Treaty, and Patent protections in Australia are governed by the Australian Patent law. If your invention can be used to develop an application or product, the inventor can exercise a limited onopoly over a unique patent if it becomes legally protected; this can become a strategic and powerful tool of commercialisation. However, it is important to note that you must apply for a patent before the idea is publicly exposed, or it may not be considered new and thus rendered unpatentable. IP Australia examines all patent applications of inventions to ensure that it is new, inventive and useful.

Atkinson IP can provide you assistance in all aspects of patent matter from patent registration to enforcing patent and associated rights:
• Advice of the patentability of an invention
• Conduct searches
• Orgniase the preparation, drafting, filing and prosecution of patent applications
• Patent watching services
• Handling patent oppositions, disputes and infringement
• Patent litigation
• Patent validity investigations
• Patent infringement investigations
• IP portfolio management

Standard Patents:
A standard patent lasts for 20 years, with annual maintenance fees paid from the fifth year.

Innovation Patents:
Innnovation patent initially is for two years from the date of filing with renewal fees after the time period. Innovation patent lasts for eight years and provides a quicker and less expensive means of protecting inventions with a short commercial life. However, this type of patent has now been phased out but the existing patent holders will not be disadvantaged.

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Designs

Your designs can be protected in Australia under the Design Act 2003, which provides both enforcement and dispute resolution procedures. A registered design is a legal right which protects the overall visual appearance of a product, which may have industrial or commercial use. Registrable designs must have features of shape, pattern, or ornamentation, which are present in the product and which must be apparent to the eye. The registration and certification of a design will grant the owner of a Design the right to use, make, and sell products under the registered design for a period of up to ten years.

The applicant must must be the designer or author of the design, or someone who has received the design rights from the designer. A design application must be filed prior to the design's exposure in a public manner, such as in any forms of commercial dealing; otherwise valid design protection may no longer be possible. Once a design application has been filed, the design can be used for commerical purposes. Design protection procedure involves filing and a request for registration. This can be done in conjunction with the the design application or no longer than six months from the earliest priority date (usually the filing date) and filing date. Follwoing logement of the registration request, the design will proceed to registration. The registration cannot be enforced until it has been examined and certified.

Atkinson IP can file all documents and drawings, handle objections from the examination of your application by the Designs Office. In addition, our services include:
• Provide advice and assistance in litigation for registered designs
• File, prosecute or defend opposition or cancellation proceeding
• Conduct searches of all types, including newness, subject matter, infringement and name index searches
• Monitoring designs and design applications
• Renewal (maintenance) procedures

The initial period of registration for your design lasts for five years from the date of filing. For a design to be enforceable, it must have been examined and is found new and distinctive. Not all designs and registrable and some are forbidden by law. If a design application passes the formalities check, the design will then be registered and published.

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