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Australia Standard Patent Application

Updated:2018-6-27 16:11:21    Source:www.tannet-group.comViews:35

Australia standard patent application is one of the feasible ways to protect your invention in the country. There are two types of patents in Australia: standard patent and the innovation patent. You may consider filing a provisional application or seeking international protection. There are differences in the cost of the patents, the length of protection they offer, the time they take to process and the type of invention they seek to cover.

Introduction to standard patent in Australia
A standard patent gives you long-term protection and control over an invention. It lasts for up to 20 years from the filing date of your application (or up to 25 years for pharmaceutical substances).

The invention claimed in a standard patent must be new, involve an inventive step and be able to be made or used in an industry. An inventive step means that the invention is not an obvious thing to do for someone with knowledge and experience in the technological field of the invention.

Your invention must differ in some way from existing technology. This difference must be something more than the simple application of published information or standard background knowledge.

Process for standard patent application
1. Decide if you have a standard patent
A standard patent gives you long-term protection and control over an invention. It lasts for up to 20 years from the filing date of your application (or up to 25 years for pharmaceutical substances).

The invention claimed in a standard patent must be: new; involve an inventive step; and be able to be made or used in an industry.

Your invention must differ in some way from existing technology. This difference must be something more than the simple application of published information or standard background knowledge.

2. Search for a standard patent
Before you apply for a patent, it is important to conduct a comprehensive search for patent information. This step in the application process helps you to avoid wasting time and money by applying for protection for something that has already been invented.

Searching for patent information can often be complicated, time consuming and costly. For specific assistance or to seek advice you may wish to contact an intellectual property (IP) professional.

3. Apply for a standard patent
You can request a patent for your invention using online services. If you have a provisional application, you will need to apply for your standard patent with 12 months in order to keep its priority date. If you have a patent application overseas (a convention application) and want similar protection in Australia, you will need to file your patent application within 12 months of filing your overseas application. The complete application is then published in the Australian Official Journal of Patents 18 months from the Earliest Priority Date, being the date your application was first filed.

4. Publication of a standard patent
Details (including the invention title) of your unexamined application will be published in the Australian Official Journal of Patents 18 months after the application's earliest priority date.  Kindly note that the publication of a patent application is not a guarantee that the patent application is valid or will be accepted.

5. Examination of a standard patent
Your request for examination must be received within two months of the examination direction or within five years of filing your application (whichever is sooner). Your request for examination must be received within two months of the examination direction or within five years of filing your application (whichever is sooner).

If you receive an examination report, you will have the opportunity to make changes to your application to overcome the objections in the report. Once all objections have been overcome, your application will be accepted.

6. Acceptance and grant
Before you are granted a patent, other parties will be given the opportunity to oppose our decision to accept your application. If no opposition is filed and the acceptance fees are paid, your accepted patent is granted. Once your patent is granted and all fees are paid, it will be enforceable.

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