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Australia Patent Application

Updated:2018-5-14 15:24:35    Source:www.tannet-group.comViews:301

Australia patent application is filed with the Patent Office. A Patent Examiner then reviews the application and decides whether to grant a patent. Once the application has been filed, products and/or processes covered by the application can be marked and/or marketed as 'patent pending'. A patent application typically includes a patent specification and a patent request.

Types of patent protection in Australia
There are two different types of patents available in Australia. An Australian standard patent has a maximum term of 20 years. To qualify, an invention must be 'new' and 'inventive'. An Australian innovation patent has a maximum term of eight years, and is limited to five claims. To qualify, an invention must be 'new' and 'innovative'.

How to Obtain A Patent
Obtaining a patent requires the filing of an appropriate patent application at the Patent Office of the country where rights are sought. Only the inventor or someone legally deriving the right from the inventor to apply for a patent may be an applicant.

Most patent applications originating in Australia are filed firstly as provisional patent applications in Australia. A provisional patent application cannot lead to a patent being granted, and therefore cannot itself provide a basis to stop another party “copying” the invention. To obtain a granted patent that will provide this, it is necessary to file a complete patent application (for a standard patent or an innovation patent). A complete application must be filed within 12 months from the filing date of the provisional application, otherwise the priority date (see section F below) established by provisional application expires.

A provisional patent application is, however, very useful as it establishes the priority date. Furthermore, the invention may be disclosed publicly and commercialised during the 12 month period after filing the provisional application and before filing a complete application, without this destroying the novelty (and hence patentability) of the invention. Such commercialisation of the invention can be used as a valuable indication of how commercially viable the invention will be, and of whether it is worthwhile proceeding with the patenting process for the invention.

It is possible to file a complete patent application in the first instance without first filing a provisional patent application, although there are disadvantages in doing so.

Any patent application must include a patent specification. This is a legal and technical document which defines and describes the invention. As the specification determines the nature and scope of protection sought, it is an extremely important document and considerable care must be taken in preparing it. It is therefore very important that, when giving us instructions, you provide us with full and complete details of the invention.

Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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