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Protection of IPR and disputes in relation to Biotechnology

You are here: Home / Related Topics / Intellectual Property + Technology / Protection of IPR and disputes in relation to Biotechnology

Biotechnology refers to the creation or development of different products, technologies or processes that use biological systems, organisms or processes. Often when we think of biotech we think of specific scientific breakthroughs in nanotechnology, medicine and medical applications, biofuels or biochemistry. But one of the most simple (and most ancient) examples of biotechnological processes are bread, beer or cheese, where microorganisms like yeast or bacteria are used to create products that we then get to enjoy.

Biotechnology is constantly evolving and has applications for a lot of industries globally including through energy conservation, health impacts, and sustainable farming practices.

Protection of IP

One of the best ways to protect your intellectual property rights in biotechnology is to patent your technology. In Australia, patents are registered through IP Australia. Patents can be used to protect new inventions that take the form of devices, substances, methods or processes.

To be granted a patent, your invention must be:

  • new (novel);
  • useful;
  • inventive; and
  • of a suitable subject matter (manner of manufacture).

It’s important to do a thorough search of existing patents and inventions before applying and to apply as early as possible to secure a patent for your invention. Where your patent is similar to an existing invention, it doesn’t automatically mean that your application won’t be granted. Provided you can show one or more points of difference your invention may still be considered new and inventive.

The timing of patent applications is also really important. If you wish to apply to protect your invention, the application should be filed:

  • as soon as possible once an invention can be described in a patent specification; and
  • before any publication of your invention occurs.

Sharing or publishing your invention before a patent is granted means that you will likely not be able to prove that it is still new to the market because the new or novel requirement will be lost.

Benefits of patents

If you are granted a patent in Australia, you obtain:

  • exclusive commercial rights to exploit your invention;
  • the right to license to third parties to manufacture your invention, which removes the risk of theft or infringement; and
  • the right to take legal action to stop others from manufacturing, using or selling your invention without your permission (patent infringement).

A patent granted in Australia means these rights only apply in Australia. Patents are country-specific like trademarks or copyright, so to obtain a grant and protection for your patent in other countries you will need to apply for patents in those specific countries.

A standard patent in Australia lasts for 20 years provided renewal fees are paid at the relevant times. After 20 years competitors are able to use your patented invention without restriction. Patents for pharmaceuticals last for 25 years.

Licensing rights to use, sell or manufacture your patent means that you retain all IP rights in your technology and maintain the right to further research and develop your existing patent. A grant of patent acts as a deterrent against third parties who may seek to infringe your rights and allows you to enforce your rights against them by taking action if you identify any infringement. Patents can also be a valuable business asset when it comes time to sell your business as well as providing you with a commercial advantage over your competitors.

Our Expertise in Patents and Biotechnology

Our team of experienced intellectual property lawyers have an extensive network of Patent Attorneys we can refer you to, who assist in obtaining the best possible advice and optimising your chances of securing a patent for your invention. If you identify possible infringement of your patent, we can assist you in resolving your dispute in consultation with our excellent network of experienced Patent Attorneys to ensure your specific business needs are met and protected. If you need help commercialising or licensing your patent, we can help you by preparing the appropriate contractual documents to achieve that purpose.

Get in Touch

If you require assistance with registration or protection of your inventions in Australia or overseas, we can put you in touch with the right Patent Attorney.  If you need guidance commercialising or licensing your inventions our team is here to help. Contact us today to schedule a consultation and learn how we can assist you in safeguarding your inventions and other intellectual property rights.

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