Intellectual Property Lawyers Melbourne

Patent costs are something we're always transparent about. They include application fees, examination fees, and annual renewal fees. Professional fees for patent attorneys may also apply. The total cost varies depending on the complexity of the invention and the type of patent.

Copyright lasts a lot longer than most people realise. The duration varies depending on the type of work and when it was created. Generally:

• For literary, dramatic, musical, and artistic works: 70 years after the death of the creator.
• For films and sound recordings: 70 years from the year of first publication.
• For broadcasts: 50 years from the year of broadcast.

These durations are specified in the Copyright Act 1968.

Here's what makes trade secrets unique compared to patents: they can be protected indefinitely, provided they remain confidential. Unlike patents, which have a fixed term, the protection of trade secrets lasts as long as the information is kept secret and continues to provide a competitive advantage.

Great question — this is one of the first things we check with every client. Before applying, conduct a search to ensure your desired trademark isn't already registered. IP Australia offers a free TM Checker tool that helps identify existing trademarks that might be similar to your proposed mark.

Here's what counts as IP infringement under Australian law: it occurs when someone uses, copies, or exploits protected intellectual property without the owner's permission. This includes unauthorized use of trademarks, patents, designs, and copyrighted material.

Moral rights are often overlooked — but they matter. Moral rights are personal rights granted to creators, including:

• The right to be attributed as the creator of the work.
• The right not to have the work falsely attributed to someone else.
• The right to object to derogatory treatment of the work that prejudices the creator's honor or reputation.

These rights are separate from economic rights and cannot be transferred, although creators can consent to certain uses of their work.

Here's what to expect on timing: the registration process typically takes around 7 to 8 months, assuming there are no objections or oppositions. This timeframe includes a mandatory 2-month opposition period after the application is accepted.

If you've discovered someone is infringing your IP, here's exactly what to do:

1. Gather Evidence: Document instances of unauthorized use.
2. Seek Legal Advice: Consult an IP professional to understand your rights.
3. Contact the Infringer: Send a cease and desist letter outlining the infringement.
4. Consider Legal Action: If necessary, pursue litigation to enforce your rights.

Here's how long your protection lasts: standard patents last for up to 20 years from the filing date. Pharmaceutical patents may be extended up to 25 years. Innovation patents, now phased out, had a maximum term of 8 years.

Businesses can protect their trade secrets by:

• Implementing robust confidentiality agreements with employees and contractors.
• Restricting access to sensitive information on a need-to-know basis.
• Utilizing non-disclosure agreements (NDAs) when sharing information with third parties.
• Regularly training staff on the importance of maintaining confidentiality.