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You’re struck by inspiration, the kind that makes you grab the nearest napkin or piece of paper to scribble furiously before the moment escapes. It’s a lightbulb moment that could change your business, your industry – or even the world. But how do you ensure no one else takes your idea and runs with it? How do you turn that brilliant thought into something protected, real and totally yours? That’s where patents come in.
Nearly half (45%) of Aussie businesses got their creative juices flowing through innovative activities in 2022–23. It’s the highest rate in a decade, putting us 7th out of 39 countries. Australia is buzzing with fresh ideas right now, and by patenting yours, you’ll be joining a wave of inventors and creators driving change.
So if you’re dreaming of the next big invention, a revolutionary process or a uniquely functional design, here’s how to make your mark and lock your idea in.
Can you patent an idea?
First things first: can you actually patent an idea? The short answer is no. Ideas on their own are like uncut gems – they have potential but need to be refined into something solid to gain legal protection.
To qualify for a patent, you’ll need to develop your idea into a specific invention (a device, substance, method or process) that meets three key criteria:
- Novel: It has to be original and unlike anything else out there.
- Useful: Does your idea solve a problem or serve a clear purpose? It needs to have a practical application and benefit.
- Non-obvious: It doesn’t necessarily need to be entirely new, but it should have something that makes it different enough from what already exists. If your invention includes unique features or improvements that aren’t obvious to someone in the field, it can still be patented.
Types of patents for ideas
Now that your idea’s taken shape, it’s time to figure out how to protect it. There are two types of patents to choose from – standard or provisional – and deciding which depends on how far along your idea is and how soon you want to secure it.
If your idea is fully developed and you’re confident and ready to move forward with it, going straight for a standard patent is the best route. It protects the functionality, processes or technology behind your invention for up to 20 years, meaning no one else can make, use or sell it without your permission.
However, if you are still refining your invention, need time to gather funds or test the market, or want to get in first before your competitors, getting a provisional patent first might be a better choice. It lasts up to 12 months, is quick to file (usually just 1–2 weeks) and costs much less than a standard patent. While it doesn’t provide full legal protection like a standard patent, it secures your spot in line and shows you’re the original inventor, even if your idea is still a work in progress.
Let’s say you and another inventor have similar ideas. Filing a provisional patent first secures your priority date. When you’re ready to file a standard patent, that earlier date proves you claimed the invention first. If you don’t follow through with a standard patent within 12 months, though, your competitor could step in and protect the idea instead. A provisional patent doesn’t offer legal protection on its own, but it’s a powerful way to stake your claim early!
What you need to know before patenting an idea
Before digging deeper into the patent process, let’s talk preparation. To meet patent requirements and give your idea the best shot at it, there are a few need-to-know details.
First off, your idea should be kept secret. Once it’s out there in the public, it can affect your eligibility for patent protection.
It’s also important to document everything. As you develop your idea, ensure you’re keeping detailed records. This includes sketches, written descriptions, and notes on its purpose and potential uses. Think of this as building the story of your invention.
Next, roll up your sleeves for some research. A patent search is your way of checking if someone else has already beaten you to it. You can look up existing patents for free using this Australian government patent search tool.
Lastly, keep in mind that ideas that are abstract or too general won’t make the cut. If you can develop your concept into something with a specific, practical application and show how it works in the real world, you’re on the right track.
Steps to patent your idea
Ready to go from “I’ve got it!” to “I’ve got a patent”? Here are seven steps to make it happen:
- Document your idea. Start by writing down every detail, including its purpose, design and how it works.
- Conduct a patent search. Research existing patents to confirm your idea is original. You can do this yourself using online patent databases, or seek legal help for a more thorough search.
- Refine your idea. Develop it into a tangible form, whether that’s a detailed description, drawings or a prototype.
- Choose the right patent type. Decide whether a standard or provisional patent best suits your circumstances.
- Prepare your official patent application. Complete and submit your application to IP Australia. It should include all the necessary details – a detailed description, any necessary drawings and a claim outlining what makes your invention unique.
- Consult a patent attorney. A patent attorney can help ensure your application meets all legal requirements and improve your chances of approval.
- Respond to patent office requests. During the review process, the reviewing authority may have questions or request additional information. Be prompt and thorough in your responses.
Checklist for review:
- Have you documented your idea thoroughly, including dates and modifications?
- Have you confirmed your idea is original with a patent search?
- Have you explained how your idea could be used or what problem it solves?
- Are your descriptions clear and detailed, with any necessary drawings?
- Do you have your application fees and required forms all lined up?
How to patent an idea internationally
Got plans to turn your idea into a global game-changer? You can protect it in other countries, too. After getting your patent in Australia, you can then file through the Patent Cooperation Treaty (PCT). The PCT lets you submit one application that can be used to apply for patents in several countries at once. It doesn’t guarantee you’ll get patents everywhere, but it makes the whole process easier and gives you extra time (usually 30–31 months) to decide where you want to take it.
That said, every country has its own rules. Some might have different requirements, fees and paperwork, so additional steps may be needed to meet specific local laws. You might consider working with an attorney who specialises in international patent law to guide you through the process.
Protecting your invention internationally might feel like a huge leap, but if your idea has worldwide appeal, it’s a leap worth taking.
Commercialising your patented idea
So you’ve got a patent! You’re all set to turn your idea into reality, with several ways to take your invention from concept to cash.
One option is licensing your patent, giving other businesses the right to use your invention in exchange for royalties. It’s a great way to generate passive income while sharing your idea with a wider audience. Or, you could partner with investors or businesses that can help bring your idea to market. If you prefer to have full control, manufacturing and selling the product yourself is another option. Tools like Square Online and Square POS can help you manage both your online and in-store sales.
Whichever way you decide to go, a patent not only protects your idea but also shows you’re serious about your concept, which can help attract the right investors or buyers.
Patent vs copyright: which one for an idea?
Different types of intellectual property need different types of protection. When it comes to keeping your creations safe, patents and copyright are two tools in your kit that each cover different kinds of ideas.
A patent protects functional inventions or processes. Meanwhile, copyright covers creative works like books, music or art. It protects how ideas are expressed, not the ideas themselves.
For example, if you develop a unique kitchen gadget, you’ll need a patent to protect its functionality. But if you write a how-to guide or recipe book to go with it, copyright will protect your written work rather than the gadget itself.
With a bit of prep and patience, you’ll not only protect your idea but also open doors to turning it into something great. Once your patent’s in place, the real fun begins. When you’re ready to share your invention with the world, Square can help bring it to life – from marketing your product to setting up your store and managing sales, we’ve got the tools to help your idea grow into a thriving business.
FAQs
Can I patent an idea without a prototype?
Yes! While a prototype isn’t required, you do need a detailed description and a clear explanation of how your idea works.
Can I patent a product’s appearance?
A patent only covers how an invention works or solves a problem. If you’re looking to protect the way a product looks – like its shape, pattern or overall decoration – you’ll need a design right instead. Design rights protect the overall visual appearance and aesthetics of a physical product. It’s ideal for items like clothing, accessories or furniture.
What’s the difference between a patent, copyright and trademark?
A patent protects functional inventions, like tools or processes, while copyright covers creative works, such as books or music. A trademark, on the other hand, protects brands, logos or names that identify your business or products.
How much does it cost to file a patent in Australia?
The cost of filing a patent in Australia varies depending on whether you’re filing for a provisional or standard patent, and starts at $100. For more details on application fees, go to IP Australia‘s website. If you decide to hire a patent attorney, be sure to factor in their fees as well.
How long does it take to patent an idea?
The process involves a detailed examination to ensure your concept meets the criteria requirements, which can take from six months to a few years in some circumstances. It depends on the complexity of your invention and any additional steps required in the review process. But once you get there, your idea will protected for years to come – worth the wait for that long-term security.