Baxter IP is a full service, end-to-end patent & trademark attorney firm with head offices in Sydney and Melbourne.

How to patent a new idea in Australia?

Patenting a new idea in Australia or internationally is a relatively straightforward process when working with an Australian patent attorney. The patent process is not one to be embarked on without the advice of a patent attorney as your patent application needs to establish a watertight foundation for the IP rights you are seeking.

1. Do I need to file a patent application?

A patent application allows you to license or sell your new idea

Without a patent application, you cannot (normally) sell or licence your new idea as there is no reason why a third party would not just copy it without paying you any fee.

A patent normally allows your business to operate at a higher profit margin

In most businesses, profits are very much tied to the margin created between the sale price of its products and the expenses associated with supplying them. A small difference in price point can lead to a large difference in profit margin. That is, if the cost to supply a product is $10 and it is sold for $11, there is a 10% profit margin, but if it were to be sold at $12, there is a 20% profit margin which equates to a 100% increase in profit.

If a patent is granted on your new idea, you will be able to stop a third party copying it. Where you are able to stop a third party copying your new idea, you will have a monopoly over the sale of the new idea and can therefore dictate the sale price. This is why products that are patented generally sell at much higher profit margins than products that are not patented.