Kylie Bernstein

How to patent a product or idea?

I'm thinking of patenting an idea I had in mind. What are some steps I should take?

Top voted answer
Jacqui Pryor

Jacqui Pryor, Director at Mark My Words Trademark Services Pty Ltd

Hi Kylie - I'm not a patent attorney so this is all 'for info purposes' but hope it helps. 

Typically, you don't patent "ideas" - a patent is the right granted to a method, process, substance or device that is new, inventive and useful. New is quite important here - don't disclose your idea to any one else unless they have signed an NDA and/or until you have spoken with a patent attorney to determine if your 'idea' includes patentable properties. 

If you're in Australia, you can find some basic information at the patent office's website  https://www.ipaustralia.gov.au/patents. 

Patents are a complex area within Intellectual Property so if you feel there something to be protected, next step will be to chat with a patent attorney :) 

All the best. 

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Katherine Hawes

Katherine Hawes, Solicitor at Digital Age Lawyers

Top 10% Legal

The important point to remember is that you must patent before going to market. It is also important that  you have NDA in place when discussing with third parties.  Generally it will require an expert report as well as legal advice.

Hatty Bell

Hatty Bell, Executive Assistant at Country Road Group

Great point @Katherine Hawes 

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Melvin Wong

Melvin Wong, Founder at Lifefram

The first step is to file a provisional patent. Here's a free course on YTube on how to do it - https://www.youtube.com/playlist?list=PLviabXoRMqnfI29AMVSEdbTs7LDXVN517

The same method and law should apply in AUS.

But I'd advise against filing a prov or non-prov patent. I would rather build it first and test it out and see if it works and most of all, see if anyone would pay for it.

I filed a few and I think it was a big waste of money. I have one idea about ticketing that would kill ticket scalping, but never found the time to file it. In today's break-neck world, the best way to protect your ideas is to RUN with it. Build it, get it to market and build your business.

My mentor once was said, starting a business is like running a 100m sprint, you can't stop the rest from running, you just have to run FASTER! 

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