Intellectual Property

Introduction

There is a great demand for innovations that could meet the increasing needs of the modern lifestyle. Therefore, many scientists, engineers and other professionals strive to come up with relevant changes. These innovations are the property of the rightful owner and thus there is a need to protect them from those who may try to deprive the owner of his/her right to the ownership. Intellectual Property (IP), according to the World Intellectual Property Organization (WIPO 2016), is a newly created asset that includes artistic work, literary innovation as well as images and names. IP is legally protected allowing the people who create or invent it to enjoy financial benefits or recognition from their work. This essay aims at obtaining IP rights for a prototype named EffVac Gun and accessing research funding. The process will entail identifying the type of intellectual property right, applying for a patent, preparing a check list for patent application, and, finally, applying for the license.

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Choosing the Right IP for EffVac Gun

Coming up with the idea is the first step towards its legalization. Upon the creation of innovation, there are several decisions that the owner should contemplate before finally proceeding with the patent application. Firstly, the innovator should ask him/herself whether the innovation is patentable or not (AGIPA 2014a). Secondly, it is necessary to decide what type of license will be applicable for the creation (AGIPA 2014a). There are many types of IP rights available each of which relates to a particular individual asset. Among these IP rights, there is a standard patent and an innovation patent. The standard patent is the IP right, which includes an original innovation that has never been invented before, while an innovation patent is the one that protects an innovation, which is an upgrade of another invention (AGIPA 2016a). My EffVac Gun is an improvement of the blow gun by currently in use in the vacuum cleaning technology. Therefore, it is an improvement of the existing technology. As a result, under the Australian IP rights law, it fits a second type of patents, also referred to as innovation patents. Such type of intellectual property has a lower threshold compared to an inventive type. Moreover, its term is eight years, and it is granted without any examination making, it one of the fastest means of validating a technology (FPA Patents 2016). However, it will not be enforced until the post-grant analysis has been carried out.

How to Apply for a Patent in Australia

According to the laws that govern intellectual property rights in Australia, the owner has to know specifically to which industry his/her invented process or product belongs. Afterwards, it will be easier to in decide on the suitable type of patent. There are several requirements that an individual ought to meet before he/she can apply for the license. The first step is ensuring that the innovation is not available elsewhere. This process ensures that there is no exactly similar idea. In other words, someone might have already secured the right for the change one seeks to patent. Secondly, it is possible to proceed with the IP acquisition application process before its commercialization (AGIPA 2016b). In Australia it is mandatory to conduct the patent application through the IP Australia. This is the place where one can file a request for consideration and examination under the specified patent category. The application can be made online, or one candownload it from the website of IP Australia, fill it in and then send it via email (Queensland Government 2016). Alternatively, one can pay an attorney who will go through the whole process instead. The innovation is considered under the Patent Act 1990, after which the patent is usually ready within the period of one month. Upon certification, the owner can legally complain about any infringement upon the novelty.

Preparing a Check List for Innovation Patent Application

According to AGIPA (2014b), there are some crucial details that need to be included in the checklist when preparing for the patent application. These features include its title, brief description, inventiveness explanation, and the utility the product can offer the consumer.

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Title: EffVac Gun (Efficient Vacuum Gun)        

Description. Nowadays people often suffer from the lack of effectiveness when it comes to the blow guns while removing the chips. It is annoying when one has to do double work because the dirt is not absorbed in right away (AGIPA 2014b). Since people today are busy and have more activities than time allows, it would be useful to come up with an innovation that would upgrade the already existing blow guns. A more complex and efficient device would allow users to accomplish tasks in a faster manner.

Inventiveness. The innovation will enhance the functionality of the blow gun with the help of the vacuum technology where space is created through the Venturi principle. The devices can remove the contaminants from the grooves as well as drilled holes and containers. The technology works by compressing the air at the nozzles, thus creating a vacuum. When the compressed air forcefully gets into the constrictive nozzle, there is an increase in velocity resulting in compression of the air (Fletcher, Meyers & Dubief 2016). Once it exits the nozzle, it expands in volume and creates a vacuum.

Usefulness (Or Utility). The EffVac Gun is useful for cleaning a range of equipment in the offices, vehicles and houses. It is cost efficient, and it ensures that the task is complete as fast as possible. The dirt is absorbed completely without being blown elsewhere. Therefore, it will not need to be cleaned again (AGIPA 2014b). As a result, the EffVac Gun saves time besides just being easy and fun to use.

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The Application for the Innovation Patent

The process of the application for the innovative patent begins with downloading the application form from the Australian Government IP Australia website (AGIPA 2014b). The form required in this case is entitled “Patent Request Form: Innovation Patent” (AGIPA 2016c). On the first page, the owner has to fill out the personal details, including the full name and the address, which should include state and postal code. The owner has to provide the details of the agent in case he/she is using document delivery services. The required contact information includes telephone numbers and email addresses. On the second page the details of the innovation to be patented have to be provided. More specifically, the title of the innovation and the name of the actual inventor are written here. The owner will have to pay a processing fee of 180 dollars (AGIPA 2016d). Once the application is processed, the information will be stored in the Australian Patent Database. At this point, it will be disclosed to the public, and the owner will have total control over the innovation for a predetermined period of time.

Conclusion

Conclusively, intellectual property belongs to the rightful owner. It ought to be legally safeguarded in order to encourage innovative spirit in the society. The Australian laws have been successfully helping safeguard various types of intellectual products for decades. Once someone comes up with an innovation in the form of either a process or a product, it is important to identify the required type of patent and immediately start the application process. According to the Australian laws, the patent can be requested in three different ways. An owner can apply online, or send the downloaded and filled in form via email, or hire an attorney to carry out the process on his/her behalf. Afterwards, it is vital to attach a checklist with prepared documents to the application. Finally, the process is complete when the payment for the patent is made.

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