patent

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A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of years in exchange for publishing an enabling public disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce his or her rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant.The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims that define the scope of protection that is being sought. A patent may include many claims, each of which defines a specific property right. These claims must meet various patentability requirements, which in the US include novelty, usefulness, and non-obviousness.Under the World Trade Organization's (WTO) TRIPS Agreement, patents should be available in WTO member states for any invention, in all fields of technology, provided they are new, involve an inventive step, and are capable of industrial application. Nevertheless, there are variations on what is patentable subject matter from country to country, also among WTO member states. TRIPS also provides that the term of protection available should be a minimum of twenty years.

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    QLD USA Patent

    Hi, I am designing a product and there is something similar that is getting patent in the USA. Tghe product is a knife with changeable blades. The design is similar but not the same, if they have a patent in USA does that count in Australia? Or is there someone or somewhere I can show my design...
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    Applying for provisional patent in US

    Hi. Does anyone has experience with dealing with USPTO? I have applied for a provisional patent online at their website, and payed the application fee. Now they tell me that I have to wait 4-6 untill it will be processed and a confirmation will be sent to me by mail. The thing is... I don't...
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    VIC Clarification on an Existing Patent

    Hi, I have a web site and I have noticed another famous site that concerns me as they have a patent which sounds similar to couple of my features. First I describe what my site does. It is a note taking system. There are a lot out there. For example, Microsoft's OneNote, Springpad, etc...Now...
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    VIC Exclusive Distribution Agreement

    Hi My wife and I are importing a new product to Australia from China. The product is supplied by a US company and we are in negotiations to have an exclusive distribution agreement to Australia and New Zealand. There is currently no patent in Australia that we are aware of however the...
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    QLD Creating Product in Australia Despite Existing Patent in the US?

    I've been doing R&D on a product idea for a few months and after reaching a point where I felt it was worth pursuing I decided to do a patent search. Unfortunately, I found an existing patent that was filed in early 2016 for almost the exact same idea/invention. The patent is currently in the...
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    QLD Researching Patents for Exporting Products to the Philippines?

    I am looking at importing toilet brushes for a client in the Philippines. I will be using a Chinese manufacturer, I have for other products, then exporting into the Philippines. I have been trying to find out where I can source patent information on existing toilet brushes in Australia as I...
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    SA How to Describe an Improved Product for Patent Application?

    How to describe an improved product in my provisional patent application without connection to prior art? Is it good to say, for example, "A method for making healthy new products"? Or "A method for making healthy products" or advanced products? Thanks
  8. M

    SA Upgrading Pre-Existing Products - Issues with Patent?

    I do not know why everybody warns me when I speak about upgrading the prior art/ pre-existing/ previous products...although I found a lot of examples of upgrading such as: A method for upgrading a crutch. A method for upgrading a pre-existing fixed bed hydroprocessing system. A method and...
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    VIC How to Obtain Product for Patent Infringement Evaluation?

    Hi, I have a question regarding patent infringement. I will describe the situation as briefly as I can. I designed and manufactured a product for which I was granted a full standard patent. I sold my product to one customer only. A few months later, the customer stopped buying my product and...
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    IP Australia - Should I Disclose IP Dispute on My Website?

    I exposed my ip (not protected by patent and only have an oral agreement) with a company when talking to them for commercialisation. After two years verification of my solutions, the company gained enough information on my IP and their response became very slow and it eventually stopped. They...