A patent is a type of intellectual property that is issued by a government and gives its owner the right to stop others making, using, selling and importing versions of a new product and/or process.

Generally, patents are granted country by country but the patent rights can be broken up along different geographic boundaries – e.g. if you are based in Adelaide, you might keep the SA market to yourself and permit others to use your invention in the other states in return for royalty payments.

Further reading: Patents

• To preserve profit margin by limiting competition.
• To generate new income streams by licensing.
• To demonstrate to the market that you are innovative.
• To attract investors.
• To foster an innovative business culture.

Twenty years is the standard patent term in Australia, the US and most other countries. The 20-year term is usually calculated from the filing date of the first non-provisional patent, so an additional 12 months of protection can be secured by filing a provisional patent application.

Further reading: How long does a patent last?

Securing an Australian patent often costs about $17,000 + GST over about four or five years. International strategies often cost about $100,000 + GST over the first four years, e.g. if you aim to cover several individual countries plus Europe as a region.

Further reading: How much does a patent cost?

Patent attorneys secure and advise on the coverage of patents. They have a combination of technical (e.g. engineering) and legal qualifications, but are typically not lawyers. Registration as an attorney is a separate, less common qualification – whereas there are about 1,100 patent attorneys spread across Australia and New Zealand, there are about 510 lawyers in the Adelaide CBD alone.

Further reading: Patent Lawyer v Patent Attorney

Most Australian patent attorneys will start with a free-of-charge discussion, then charge in the range of $400 to $1,100 + GST per hour plus fixed charges for certain administrative actions. Adelaide patent attorney rates are often closer to the upper end of the range.

Further reading: How much does a patent attorney cost?

The process often starts with a provisional patent application followed by one or more non-provisional patent application(s) about 12 months later. The non-provisional application(s) will then be examined to check that the invention qualifies. A patent is usually granted shortly after an application passes examination.

Further reading: How to patent an idea

If you believe that your patent is being infringed, it is important to verify that the patent validly covers the infringing product before reaching out to the infringer. Reaching out with professionally prepared correspondence improves the prospects of success. If the dispute cannot be resolved through correspondence and/or mediation (etc), patents are enforced in the courts. more

Australian patents are enforced by applying to the Federal Court of Australia. The NSW registry of the FCA is located at 184 Phillip St, Queens Square, Sydney.

Further reading: How do you enforce a patent?

Swift action and professional advice are important if you are threatened with a patent. A qualified patent attorney can assess the substance of the allegation (Is the patent valid? Does it cover your product and/or process?) and guide you through the process.

Most patent disputes are resolved without going to court. A well-written response pointing out the weaknesses in the patent holder’s position can be enough to end the matter.

Further reading: How to respond to an allegation of infringement

Working closely with businesses, industry groups, state government agencies and other relevant organisations, the Adelaide Economic Development Agency ‘delivers a range of programs designed to stimulate the city’s economic growth with a focus on business growth’ and ‘offers a range of grants, strategic partnerships and opportunities to eligible applicants and organisations’.

The Adelaide Connected website provides resources and links for Adelaide and South Australian entrepreneurs.

The Seed-Start Program of South Australia’s Research and Innovation Fund (RIF) ‘assists innovative early-stage South Australian businesses with high-growth potential to commercialise products or services that could achieve a sustainable competitive advantage in national and international markets’.

The Department of State Development (DSD) ‘supports the establishment and growth of local startups by connecting founders with the tools, knowledge and resources required to accelerate business success’ in Adelaide and throughout South Australia.

Since 2015, the Innovation & Collaboration Centre has ‘supported early-stage startups through providing workspace, mentoring and funding’ in Adelaide and regional SA.

The Government of South Australia has collated this listing of support services for businesses in Adelaide and throughout SA.

The Adelaide Business Hub ‘delivers fast, empowering results for small business across South Australia’, including various workshops, events and mentoring programs.

The University of Adelaide’s ThincLab ‘provides startups with a space and community in which to nurture ideas, develop entrepreneurial skills and knowledge, and facilitate valuable connections with mentors, investors, and experienced entrepreneurs’.

Eventbrite hosts innovation events in Adelaide, Australia.