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Patent Law Assignment Help
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In Australia patent act is that which provide the monopoly over the invention. The person who invents the invention gets protection over the invention by the government of Australia. Patentee gets the protection in exchanging the invention which is invented by him. The protection has been given for the certain period of time. In Australia, the legislation which regulate the patent rights and gives protection to the invention is the Patent act 1990. In Australia, a patent is administered by the commonwealth government agency. Australia is also a member of the World Intellectual Property Organization and also compliant with the Agreement on Trade Related Aspects of Intellectual Property Rights.
The patent is available in Australia for the period of 20 years and an innovation patent which has the lowest threshold for inventiveness then it is given for the period of 8 years.
Patent right, ownership and validity
Patent protection has been given to the new Invention. It is the exclusive right, which is given to the patentee for the certain period of time. When any individual gets the exclusive right over the invention, then it will become the personal property of the inventor and no person is allowed to use that property without his permission. A patent has been affected from the date on which patent protection has been filed by the patent over the invention. A patent has been assigned in writing, which is signed by the inventor or the assignor and assignee on behalf of the inventor.
A patent has been granted to the person who:
- A Person who is the inventor of the invention.
- Any person who is assigned by the inventor.
- Any legal representative if the inventor had died or not able to exercise his rights.
Co-ownership of patents
When there is two or more patentee then:
- Both have the equal right over the patented invention.
- They will entitle to get an equal undivided share.
- Both have equal right in exercising their rights.
- No person is allowed to grant license without the permission of both patentee.
If any patentee product or patentee method or process has been sold by the two or more patentees to the buyer and a person is claiming through the buyer can deal with the product as it is sold by all patentees. And there is no effect upon the rights and obligation of the representative of the deceased owner which is arising out of the relationship.
Direction given to the co-owners by the commissioner
The commissioner has the power to give direction to the co-owner in such a way as he thinks fit. Direction has been given in respect of:
- Deal with the patent or any interest in the patented invention.
- Grant of license.
- Exercising of rights which are stated under section 16 of the patent act.
A patent has been granted for the invention not the discovery. For claiming the patent under the patent act 1990 it is necessary for taking standard patent that:
- A patent should be new.
- Invention has some industrial use.
- An invention must involve an inventive step.
- The invention has not used secretly before filing the patent before the priority date.
- It is necessary that manner of manufacturing must be within the section 6 of the staute of monopolies.
Patentable invention for the purpose of an innovation patent
If any inventor who claims for taking a patent on the invention for the purpose of an innovation patent can be claimed:
- It is necessary that manner of manufacturing must be within the section 6 of the statute of monopolies.
- At the time of comparison, it is necessary that claim didn’t exist before the priority date.
- It is new.
- It involves a new inventive step.
- It has industrial use.
- And was not used secretly before filing the patent application.
The inventions which are not getting patent protection are:
- Any surgical method.
- An innovation, which helps in the development of the breed of plants and animals.
- Any equipment method which helps in protecting the life of the human being.
- Any biological process.
- Microbiological process
If any dispute arises in the court then the court has to certify the validity of a specified claim was questioned.
The patent is not invalid because:
- If a patent or share in the patent has been given to the person who has no right for taking the patent.
- If the patent or share in the patent has not granted to the person who has the right for taking the patentee protection over the invention.
Patent validity is not affected by Publication etc. after priority date
The patent is not invalid because:
- Publication and use of invention, so far as claimed in that claim which is on or after the priority date of that claim.
- The grant of another patent which claims the invention so far as claimed which is mentioned first, in a claim of the same or after the priority date.
Patent validity is not affected on certain publication or use.
- If any decision has been taken for the invention that the invention is new, inventive step or have some industrial use. The person who is taking the decision must have to ignore these:
- If any information which is communicated in public and available in the prescribed situations and with the permission of the nominated person or patentee.
- If any information which is passed in public without taking permission from the patentee, or any information which is passed through the publication and patented invention has been used by another person who derived all the information which is related to the invention which is patented.
But it is necessary that the complete application is made within the period, which is prescribed for any invention.
- Any person who wants to take a decision on invention that it is new, inventive step and industrial use or not. Then the person has to ignore these:
- If any information which is given by the person with the consent of the inventor or the assignee or representative of the invention but no other person or any organization:
- Any person who has authority by the commonwealth or a state or territory for investigating the invention.
- Commonwealth or a state or territory or any authority which is authorized by the commonwealth or a state or territory
After providing the complete specification for taking the standard patent, then it is necessary that notice should be given to the general public and it is notified by the commissioner in accordance with the manner which is prescribed in regulations. Each and every person has the right that they can make an objection against the invention which is filed for taking the patent protection. If any person has any objection related to the new, inventive step, industrial use then he will inform the commissioner through a notice. Notice should be in accordance with the regulation which is prescribed. The commissioner will notify this objection to the inventor and send the copy of the document to the applicant. The commissioner must have to deal with the notice in accordance with the regulation.