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Abstract
A brief summary of your invention to help in quickly
identifying its key features.
Address for service
The address in Australia where we will send all
correspondence to you. This may be a post office box. You must
nominate an address in Australia for correspondence, even if
your own address is not in Australia. You should notify IP
Australia if this address changes.
Applicant
The person(s) or organisation(s) making the application.
Assignment of rights
This occurs when you sell or bequeath your IP rights to
someone else.
Automatic rights
These rights come into effect at the moment of creation. No
formal registration is necessary to protect these IP rights. In
Australia, copyright and circuit layout rights are automatic
rights.
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Basic application
A basic application is the priority document in any country
where patent protection is sought in another country. In
Australia the basic document is the first filed, whether that is
a provisional or complete application. In the case of a
convention application made in Australia, the basic document
will be the one filed in the foreign country from which the
convention application derives its priority.
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Certification mark
A mark used to distinguish goods or services dealt with or
provided in the course of trade and certified by the trade mark
owner (or by another person approved by the owner) in relation
to quality, accuracy or some other characteristic including
origin, material or mode of manufacture.
Circuit layout rights
Circuit layout rights automatically protect original layout
designs for integrated circuits, and computer chips. While these
rights are based on copyright law principles they are a
separate, unique form of protection.
Claims
Concise written statements that define the invention covered
by the patent application. What falls within that definition is
protected by the patent-anything outside it, is not protected.
Classes
Patents, Trade Marks, Designs and Plant Breeder's Rights each
have an internationally recognised classification system which
divides their respective applications into different technology
groups, classes of services or goods, or plant varieties. IP
Australia uses these classification systems to assist with
searching our databases of patents, trade marks, designs and
plant varieties.
Classes for patents are determined by the International
Patent Classification system; Trade Marks by the NICE
International Classification; designs by the Locarno System of
Classification; and plant breeder's rights by the International
Union for the Protection of New Plant Varieties (UPOV).
Collective mark
A mark used in the course of trade by members of an
association. An association is an unincorporated body and
includes any organisation of people with a common purpose and a
formal structure such as a society, club, trade union or other
body.
Commercialisation
Commercialisation of intellectual property is simply about
planning how you will take your good idea to the marketplace. It
involves working the idea into your business plan, consideration
of protection options and considering how to market and
distribute the finished product.
Complete specification
This is the basis for your patent. It must describe your
invention fully, detail the best way of putting your invention
into effect and include at least one claim.
Copyright
Copyright protects the original expression of ideas, not the
ideas themselves. It is free and automatically safeguards your
original works of art, literature, music, films, broadcasts and
computer programs from copying and certain other uses.
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Design
See industrial design.
Divisional application
A divisional application is the dividing of an application
into two or more applications. A divisional application is filed
when a complete application for an invention has already been
filed and you wish to have some of the specification matter in
the application covered by a separate patent. The situation
typically arises during the examination process if the
Commissioner reports that the application is for more than one
invention. Divisional applications may retain the priority date
of the original application. There are certain time limits
within which such divisional applications may be made as well as
restrictions on the scope of what can be claimed in relation to
the parent specification.
Domain name
A domain name is the unique name that corresponds with an
Internet Protocol address. It is both easy and intuitive to
remember.
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Industrial design
Design refers to the features of shape, configuration,
pattern or ornamentation which can be judged by the eye in
finished products. Design registration is for manufactured
products and NOT artistic designs. In other words, registered
designs protect the way manufactured products look.
Industrial property
Industrial property is a subset of intellectual property,
referring to those types of intellectual property that have an
industrial application. Specifically, it refers to patents,
trade marks, designs, circuit layout rights and plant breeder's
rights.
Infringement
Infringement occurs when someone willingly or unwillingly
uses your intellectual property without your permission.
Innovation patent
An innovation patent is a form of protection available in
Australia for comparatively minor innovations and improvements.
Protection is available for up to eight years. For suitable
subject matter, innovation patents require only novelty and an
'innovative step' to be valid.
Intellectual property
Intellectual property represents the property of your mind or
intellect. Types of intellectual property include patents, trade
marks, designs, confidential information/trade secrets,
copyright, circuit layout rights, plant breeder's rights etc.
International application (patent)
You can file an International Application with the Patent
Office of IP Australia under the PCT (Patent Co-operation
Treaty). In your application, you should select or designate the
countries in which you want a patent.
Inventive step
The inventive step means that the invention is not obvious to
someone with knowledge and experience in the technological field
of the invention.
Inventor
Anyone who's involvement and contribution was essential to
the development of the invention.
IP
See intellectual property.
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Letters patent
Instrument issued by a government granting a right or
conveying title to a private individual or organisation.
Licensing of rights
Licensing of rights gives the licensee the right to use (but
not own) the rights.
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Manner of manufacture
A legal term used to distinguish inventions which are
patentable from those which are not. Artistic creations,
mathematical methods, plans, schemes or other purely mental
processes usually cannot be patented.
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New
Not publicly disclosed in any form, anywhere in the world.
Nominated person
The person(s) or body corporate that owns the invention.
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Omnibus claim
A special claim that details the preferred form of your
invention with reference to the description and/or drawings.
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Patent
A patent is a right granted for any device, substance, method
or process, which is new, inventive and useful.
PCT
PCT stands for Patent Co-operation Treaty. You can file an
International Application with the Patent Office of IP Australia
under the PCT (Patent Co-operation Treaty). In your application,
you should select or designate the countries in which you want a
patent.
Plant breeder's rights
Plant breeder's rights are used to protect new varieties of
plants by giving exclusive commercial rights to market a new
variety or its reproductive material.
Priority date
A priority date is established for your invention when you
first file a patent application that describes the invention in
detail.
This is used to determine if your invention is new. If your
invention is known to the public before this date, you are not
entitled to patent it.
Provisional application
A provisional application is an interim document in patent
actions. It does not form the basis of the grant of the patent
but is a document that precedes the complete application upon
which the grant is based.
A provisional application establishes a priority date for
disclosure of the details of an invention and allows a period of
up to 12 months for development and refinement of the invention
before the patent claims take their final form in a complete
application.
Provisional specification
Used to establish a priority date for your invention. It does
not give you patent protection on its own and does not cover you
for any subsequent developments or improvements made to your
invention. You must file a complete application associated with
your provisional application, or file an international
application claiming priority from the provisional, within 12
months or you will lose your priority date.
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Title
A few words to describe the general nature of the invention.
Should not contain anyone's name, a fancy name (e.g. 'The
Simplex Wheel', 'The Hercules Braces') a trade name, the word
'patent' or the abbreviation 'etc.'
Trade mark
A trade mark can be a letter, number, word, phrase, sound,
smell, shape, logo, picture, aspect of packaging or any
combination of these, which is used to distinguish goods and
services of one trader from those of another.
Trade secret
A trade secret is both a type of IP and a strategy for
protecting your IP. It includes proprietary knowledge (know-how)
and other confidential information.
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Useful
Your invention should do what you say it will do.
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Our dedicated team can assist you with all matters relating
to developing or protecting your Intellectual Property. Complete
and submit the Express Enquiry form on the top right hand side
of this page and we will contact you to discuss your enquiry
or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223
9166 to
arrange an appointment. |
