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The solution to your wish fulfilment

HOW CAN I PROTECT MY IDEA? THE PATENT ROUTE: --

Note: some terminology below is a simplified introduction to Australian Patents. For more information see the Patents page. For a thorough explanation use the link to the Australian Intellectual Propery (Patents) Office (AIPO).

So, you have an idea, an INNOVATOR, the thing lacking in Australia! YOU are what 'ISIG' RECOMMENDS should be HELPED. ("there could be a next 'Bill Gates' lurking in the outback") BUT:

Realise:

  • that your idea cannot be patented (normally) unless how to make it is known. You have to provide instructions and drawings and turn it into an INVENTION.
  • Realise that protecting this idea is going to cost money and the aim of iwishihad is to minimise this cost. NOT an EASY task!
  • Realise the normal advice is "don't tell anyone about your idea, take out a Provisional Patent Application, since, if it becomes PUBLIC KNOWLEDGE you cannot protect your invention and the Provisional Application will protect your idea."

  • WRONG!
  • A Provisional Patent Application will give you PRIORITY, IF YOUR INVENTION DOESN'T EXIST ALREADY! (Since a Provisional is filed, somewhere, no-one knows if your invention exists.)
  • A Provisional Patent Application will give no protection until a Search for Prior Art has been performed and a Complete (or Innovation / PCT) Patent has been lodged. No immediate search will be performed for prior art.
    • 'PRIORITY' means you are the FIRST entity to invent it (you THINK)
  • SEARCH: -- if the idea is not new it's worthless.
  • Without performing a SEARCH for 'PRIOR ART' you will not know if the invention already exists.

A quandary -- if you keep your idea secret how can you get help to fund it's development let alone find out if it ALREADY exists?
  • "If I post my idea on iwishihad I won't be able to apply for a Patent, will I?"
  • An answer:

IF the idea is so unique and simple that anyone can make it, yes, the WORLD will KNOW, especially if you post EXACTLY how your idea can be turned into an invention. Furthermore, your 'idea' will be in the Public Domain and cannot subsequently be patented.

Are you PREPARED? Have you a PROTOTYPE? Have you minimised the RISK for anyone interested in helping you?

  • ADVICE:

If your idea is exploitable within Australia with little chance abroad:

  • Apply for an Innovation Patent yourself. It has advantages. (See Patents page) Also REQUEST a SEARCH with the application.
  • Perform a SEARCH yourself you may find prior art.
  • When you have submitted a Patent Application , it is safe to post on iwishihad providing your post gives only a general description of your invention -- "Patent Applied For, more info to entities wishing to help me".

If you believe your idea is so revolutionary it requires International protection:

  • Take out a Provisional Patent yourself.
  • Consult a Patent Attorney for advice on whether to proceed to a Complete or PCT Patent Application.
  • You may still post on iwishihad if this route is taken.
  • The fact that you have made a significant monetary investment in your idea - invention, would make it, possibly, easier to attract buyers or investors to help you.

Selling or funding development of your invention is more attractive to buyers or investors when a search reveals it unique. If the application is an Innovation Patent which is granted it's good and bad news.

  • Good, because selling or funding your invention becomes even more attractive to buyers or investors. There is NO prior art!
  • Bad, because an Innovation Patented invention is restricted to Australia and if a 'World-beater' cannot be changed to an International Patent when granted. All a compromise with limited funding.

It is safe to post on iwishihad providing your description of your invention is not too specific and it is not one of the rare 'ideas' needing no innovation to turn to Product. Companies exist which may be interested in your idea. These companies can even fund your patent for some agreed share should your invention be commercially attractive. (Have a look at the links page.) Should your post on iwishihad attract interest you must get a signed Non-Disclosure Agreement (NDA) from the interested entity before proceeding.
  • The iwishihad Privacy Policy ensures complete confidentiality relating to any submission.
  • GOTO the Patents page

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