The invention must be new at the date of filing a patent application. This means that there can be no disclosure of the invention before a patent application is filed unless it is under an obligation of confidentiality. Disclosure can include oral presentation, printed publication, offer for sale or public use of the invention. Searching is generally recommended before substantial expenditure is contemplated i.e., overseas patent protection or development or marketing of the invention. It is important to realise that searching can never be conclusive and merely reduces the degree of uncertainty.
Some online services are available or more complex searches can be conducted by professionals.
Click here for links to online search sites. Patent attorneys are experienced in providing clients with assistance in the protection and exploitation of industrial and intellectual property rights. They have a tertiary qualification in a scientific or engineering discipline, and post graduate qualifications and training in the laws relating to patents, trade marks, designs, copyright, trade practices, circuit layouts, plant varieties, and confidential information. Patent attorneys are registered to practice under Australian Federal legislation and are subject to the disciplinary control of a Tribunal which is established by Federal Regulations. A Trade Mark Attorney is a person who is experienced in providing clients with assistance in the protection and exploitation of trade marks and associated rights.