Patent prosecution attorneys
Dedicated and highly qualified patent attorneys, offering expert advice to individuals and businesses regarding patent prosecution and defence.
Most of what decides the outcome of a patent application happens before prosecution begins.
This page covers what the term actually means, how the process runs in Australia, where it commonly goes wrong and where an attorney makes the difference.
What is patent prosecution?
Despite how it sounds, patent prosecution is not related to the commencement of legal proceedings regarding infringement on existing patent rights.
Patent prosecution is a term that refers to the entire patent process from preparing and filing an application to its assessment and final approval or rejection.
In Australia, prosecution of a patent application is handled by IP Australia, the governing body for patents, trade marks, design rights and copyright.
This process can be instigated by an inventor or applicant directly or with the help of a patent prosecution specialist such as a patent attorney.
The patent prosecution process
Involving several steps and stages from initial filing to approval, successful prosecution of a patent application through to granting can take anywhere from 6 months to 5 years or longer.
While IP Australia is largely in control of prosecuting your patent once filed, the proper preparation of your application before this is vital. This ensures all necessary criteria as outlined by IP Australia have been met and greatly reduces the risk of complications during assessment. Allowing for more rapid granting of your patent.
Following filing, an examination must be requested within a set time frame to progress the prosecution process. Where objections are raised in an examination report, these must be overcome before the patent can then be published and granted.
Is it possible to prosecute a patent without help?
It is possible to navigate the patent prosecution process independently of any professional advice, however, this is not advisable.
There can be significant challenges and complexities involved with properly preparing a patent filing and addressing any issues that may arise en route to being granted.
Errors in paperwork, missed deadlines, unexpected examination reports or oppositions can all derail or unduly delay your hopes of securing a patent. This could also see your patent prosecution costs unexpectedly rising and errors made along the way could jeopardise your ability to obtain a granted patent.
To ensure your intellectual property (IP) is adequately protected and your patent prosecuted as quickly as possible, engaging the assistance of a qualified attorney is strongly recommended.
How a patent attorney can help
A patent attorney, also able to be called a patent prosecution attorney, is a highly skilled, legally qualified expert who is specially trained in the relevant technology and legal areas to oversee all aspects of patent prosecution.
From preparing an application for filing and seeing it through to its granting and defending against its misuse, a patent attorney is capable of handling it all.
Able to advise on what can be patented, draft claims, prepare specifications, respond to examination reports and deal with oppositions with ease, patent attorneys simplify the entire process.
Whether you have already filed for a patent and are experiencing challenges with its prosecution or are seeking guidance on getting started, a patent attorney can help.
Book your free consultation
Submit a form enquiry below and our friendly attorneys will be in touch as soon as possible.
Our process
We guide you through every stage of the patent process, from initial assessment to granted protection.
01
Submit an enquiry & book a free consultation
Begin by submitting an enquiry and scheduling a free, no-obligation consultation. This can be conducted in-person, online, or over the phone, whichever suits you best.
02
Receive tailored IP protection recommendations & quote
Following your consultation, IP Guardian will assess your situation and prepare clear, customised recommendations outlining the most suitable IP protection pathways for your idea, brand, or invention. You will receive a detailed quote and guidance on next steps.
03
Engage IP Guardian & secure your IP
Once you are ready to proceed, simply engage IP Guardian by completing our client onboarding. Our team will then prepare and file all necessary applications on your behalf. From this point forward, your intellectual property is on the pathway to full legal protection.
Meet our skilled patent attorneys
With decades of combined experience in patent prosecution, IP Guardian’s team of qualified patent attorneys offer unmatched support and advice.
Experience streamlined, professional and more rapid prosecution of your patent by investing in our expertise. Our patent prosecution services ensure your valuable IP is properly protected and that the stress of managing this process is eliminated.
Where needed, we can also manage incidences of patent infringement, swiftly dealing with the misuse of your patent rights and protecting against loss.
With an ongoing commitment to the provision of cost-effective and accessible legal advice, we support Australian innovators to successfully prosecute their patents with ease. Never compromising on service or outcomes, we’re the team you can trust to protect your valuable IP.
Barry Meskin
Ali Al-anbuky
Matthew Howe
Mike Biagio
Simon Murphy
Sandra Murphy
Tom Hamilton-Gilligan
Dr Seán Klinkradt
Robin Richardson
Client testimonials
We’re proud to work alongside clients who trust us not just with their IP, but with their vision. Here are a few examples of how our IP attorneys have helped brands, inventors, and entrepreneurs secure and enforce their intellectual property rights.
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