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Patents   Tags: citing a patent, patents  

A guide to help locate patents.
Last Updated: Nov 29, 2016 URL: Print Guide RSS Updates

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"A patent is a right granted for any device, substance, method or process which is new, inventive and useful. A patent is legally enforceable and gives the owner the exclusive right to commercially exploit the invention for the life of the patent." (IP Australia)


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What are patents?

Patents are legal documents that protect intellectual property rights.

Inventors and researchers obtain patents on new product and process ideas, effectively preventing other inventors and manufacturers from using the same idea. It also prevents unnecessary research and the 'reinvention of the wheel'.

A patent must be accepted as a novel idea and it must be of practical use.

A patent is often the first publication of an idea. It must contain sufficient detail about the product or process, and as a result can be quite informative.

Facts and natural phenomena cannot be patented. Concepts cannot be patented. A scientist cannot patent a naturally occurring gene. However, the way the scientist identifies or makes use of the information contained within the gene may be patented. For example, genetically modified crops are patented.


How are patents evaluated?

A patent is processed by the patent office. This process may take some time from the initial application for the patent to the final granted stage:

  • The application is submitted.
  • After a period of 18 months, the application is published (Open to Public Inspection).
  • If the application raises no public objections, 3 months after the inventor may apply to have the patent examined.
  • Final acceptance of the patent application may take a further 8 months, depending on whether or not the patent examiner requires revisions be made.

As a patent is a legal document, its protection only applies in the country from which it is issued. It gives the inventor exclusive rights to the application of the idea (and hence, any profits made from the idea). Applications may be made for patent rights in additional countries within the first 12 months of being granted a patent.


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