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Australia Patent Search

Updated:2018-11-5 17:09:50    Source:www.tannet-group.comViews:159

Australia patent search is quite straightforward compared to many other countries. Before seeking patent protection, it is worthwhile to check if your idea is in fact new. If you are trying to determine whether your new idea is patentable in Australia, ironically, an Australian patent search is probably not going to give you the correct answer. The reason for this is that for a new idea to be patentable, it must be novel in light of all published documents worldwide, and not just in Australia.

Introduction to Patent Search
For an idea to be patentable, it must be novel and include an inventive step. Furthermore, it would be ideal to make a patent search in Australia. Pre-filing patent searches in Australia are conducted before embarking on the patenting process to obtain an initial indication of whether an idea is novel.

Some inventors think that their idea must be new because they haven't seen it on the market. However, patent databases contain thousands of patents on ideas that are never marketed; therefore a patent search in Australia would be very ideal. In addition, conducting a pre-filing patent search in Australia is an important step in mitigating the risk of spending money on a patent application for an idea that is not new.

Novelty Patent Search
Novelty searching is the more formal term used in the industry for checking if an idea is new.  There are different levels of complexity of novelty searching that can be conducted. The simplest novelty searches are usually key word based.

However, a comprehensive novelty search should be based on a carefully designed patent search strategy which is based on the patent technological classification. This type of classification searching is similar to how the Australian Patent Office conducts searches when your patent application is examined.

A novelty search can not guarantee that your patent will be considered novel. However, having a professional patent search conducted will certainly reduce the risk and assist to provide a base of relevant information from which to focus the application.

Clearance Patent Search
A clearance search is a search conducted to check whether your product or process infringes another’s intellectual property rights including patents and designs. Whether or not you or your business chooses to seek patent protection, you may still infringe another parties patent right.

A clearance search can not guarantee that your product or process will not infringe another’s  intellectual property rights. However, having a professional patent search conducted will certainly reduce the risk and may also provide you with valuable information as to relevant technology and/or competitor information.

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