Patent protection


What kind of protection does an Australian patent give in other jurisdictions, if any? If the product is not patented yet in the UK (for example) can I patent it there if I obtain or get permission to use the Australia patent?


回答: 3 public & 0 非公開

Steven weinrieb

Patents are territorial - they only protect you in the country within which you have a patent. If you already have an Australian patent, then your patent is a published document disclosing to the world what your invention is, therefore neither you, or anyone else, would not be able to obtain a patent in the UK because your Australian patent would be considered to be prior art. Now, of course, it is possible that someone in the UK may have filed a patent application before your Australian patent was published in which case they could possibly obtain their patent if the prosecution proves the invention, as claimed, to be patentable.