Applying for a Patent
When applying for a patent in Australia it is necessary to submit a description of the invention (called a “patent specification”) to the Patent Office to obtain a priority date. The invention should be described in sufficient detail in the specification to enable a person skilled in the art to put the invention into effect, without the need to exercise further inventive skill or ingenuity.
The patent application must also give the best method known for working the invention. The application must end with one or more “claims” that define the scope of the protection given once the patent is granted.
Any public disclosure or commercial use of a patented invention after the priority date will not prejudice the validity of that patent. Once the invention has been described in a patent application, it may be advertised, sold or otherwise disclosed to the public without prejudice to the validity of the patent to issue on that application. However, in order to avoid jeopardy to patent rights, there should be no public disclosure or commercial use of the invention until a patent application has been filed.
A patent application may be either a “provisional application” or a “complete application”. A complete application may be one of three types: Innovation, Standard or International.
The Patenting Procedure
Please click on the links below for further information
We engaged Cullens to petition the Australian trade mark office for an abandonment of a mark held by a Fortune 500 company in the USA.
Unless Cullens were successful in their petition, Ballard would be shut out of the Australian market with one of our best brands, Columbia Bicycles.
Our attorney was successful with our petition and the job was performed quickly and thoroughly. Our attorney kept us continuously updated as the case proceeded.
Thanks to Cullens fine work, Ballard is now able to sell Columbia Bicycles to Australian consumers. Thanks Cullens!
Ronald J. Horta, CEO and General Counsel to Ballard Pacific Resources
Hydrus Technology engaged the services of Cullens to assist Hydrus in protecting its Intellectual Property for a very complex Electro-Chemical process.
Hydrus was impressed by the way in which the appointed Cullens’ representative was able to very quickly and easily understand the technology and the requirements of the Company. More importantly, through Cullens’ in depth understanding and broad knowledge of the science and the Patent market, they were able to provide considerable value towards the Patent process, allowing us to protect our rights to the greatest extent possible.
We highly recommend Cullens for their proactive approach, detailed knowledge, the speed with which they address matters together with their very reasonable and transparent pricing model and fees.
David Cam, Chief Executive of Hydrus Technology
"We found Cullens not only to be outstanding professionals, but in our experience
they had no hesitation in going the extra mile.
They are friendly, accommodating, diligent and extremely hardworking.
Their communication was excellent and they kept us fully informed throughout the whole legal process.
I would have no hesitation in recommending Cullens Patent and Trade Mark Attorneys."