How do u go about getting a patent?
By Yahoo User • Category: Patents in AustraliaI have an idea for an invention that could revolutionise the way drinks are serverd in bars. Can anyone tell me how I go about getting a patent etc? I live in Australia.
First you have to make sure there’s not already a patent around that your idea may fall under. Then you need to determine whether your idea is really worthy of getting a patent. Afterwards, you’ll need to find a good business partner who will make your idea profitable and take care of the patenting, or you’ll have to do a lot of research on your own and perhaps hire a lawyer to help you work out the legal side of it.
You have to hire an attorney to do a patent search and to file the papers for you
If you want a patent in the USA (which you can still get as a citizen of Australia), you can apply for a utility patent with the United States Patent and Trademark office. (If you want to file in multiple countries, you can also file a PCT application (PCT = Patent Cooperation Treaty) - but would strongly advise getting an attorney for that). You can find all the information and forms you need on www.uspto.gov, and for a specific step-by-step guide to filing a utility patent, look here: http://www.uspto.gov/web/offices/pac/utility/utility.htm . It is advisable to get an attorney, though it is not a requirement - you can file as a pro se applicant, but make sure you go through the guide in the link listed above very thoroughly. Attorneys can be expensive, but knowing how to file things properly, respond and argue can be worth the money if it is the difference between getting the patent and not. However, before you go through the trouble of filing, at least hire someone qualified to do a patent search to make sure the idea has not been patented - if it has, there’s not much you can do. Also, as a precautionary measure (just in case someone happens to have filed an application with the same idea, etc.) it would be a good idea to get any sketchbooks or notes dated and notarized. If it comes to it, this would help you prove that you came up with it first. Good luck!