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Do I Need a Patent Attorney to File a Patent?

Obtaining a patent is one of the best things you can do to protect your intellectual property in Australia. Once a patent has been granted, you will have the right to enforce your claim and prevent competitors from replicating your invention without permission. Because patents have the potential to hold incredible value, it’s important to ensure your patent protection is as robust as possible. Engaging a patent attorney simplifies the process of obtaining a patent and it allows you to access their expert advice along the way. If you’re wondering “Do I need a patent attorney to file a patent?” we’re going to cover the details below and see how an attorney can speed the process along.

The Purpose of a Patent

Patents are a form of intellectual property protection that grants exclusive commercial rights to the use of an invention. A patent gives you the right to manufacture, sell, licence and commercially exploit ideas that are new or involve an inventive step. Because a patent effectively gives you a monopoly over your intellectual property, you’re required to supply in-depth information about the inventive aspects of the device.

Do I Need a Patent Attorney to File a Patent?

There is no legal requirement to engage a patent attorney in Australia. Australia’s patent application process can be navigated alone, and IP Australia even provides a guide that can be used to prepare and file a patent application. However, patent regulations can be complex, and preparing a successful application typically isn’t simple. A registered patent attorney will be able to guide you through the process. From determining whether your invention is patentable, to drafting, filing and defending your patent, an attorney gives you the best chance of protecting your ideas.

The Patent Application Process

The complexity of the patent application process is the main reason many inventors work with a patent attorney. Depending on your invention and the type of patent you’re applying for, it can take anywhere between 6 months and several years to be granted your patent. During that time, you and your attorney will go through the steps of the patent process and:

  • Search for existing patents to ensure your invention is novel.
    Decide which type of patent is the most appropriate.
  • Draft, file and publish your patent application.
  • Complete the examination process, including defending against issues raised by the examiner or by competitors.
  • Pay your annual fees to maintain a patent that has been granted following examination.

The main challenges here typically arise during the drafting and examination steps. Your patent application needs to contain sufficient information, and a patent attorney can ensure it is drafted in a way that improves your chance of success. Similarly, if any issues arise during examination, it’s important to formulate a proper defence to avoid having your application rejected.

How Patent Attorneys Can Help

While there’s no legal requirement to work with a patent attorney, drafting an effective application on your own can be a challenge. Working with a professional patent attorney can help with:

  • Performing existing patent searches
  • Drafting an application that gives you the best chance of obtaining a patent
  • Defending against opposition by competitors
  • Defending against issues raised by patent assessors
  • Paying your patent application and maintenance fees on time
  • International patent research and applications
  • Managing your patent portfolio to ensure all patents remain current

Overall, the additional expense of working with a patent attorney or Trade Mark Attorney Brisbane wide is easily offset by the value of their support. Missing out on a patent could cost your business immeasurably, and the security offered by a patent attorney ensures you always have the best chance of success.

Protect Your Intellectual Property with Help from Kings IP!

Australia’s patent system provides fantastic protection for unique ideas and inventions. The only drawback is that navigating the system can be a challenge. To ensure you have the best chance of protecting your intellectual property, it’s worth engaging the team at Kings IP! Kings IP is an independent intellectual property firm that specialises in obtaining patents, trade marks and design registrations in Australia. With decades of experience in patent law, our patent attorney Brisbane team can help you with drafting, filing and managing your patent portfolio in Australia and overseas. For a confidential consultation regarding anything from trade marks to a Registered Design Brisbane wide, contact us today and make an appointment with our team!

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