Pursuing a patent application in Australia is an intricate, lengthy process that can take years to conclude. The process, while intricate, can be accelerated by individuals and businesses working with an expert patent attorney. However, it’s important not to anticipate an immediate result. The journey towards obtaining a patent comprises five steps, each with its costs.
Step One: Exploration
The simplest starting point for exploring patent filing possibilities is to reach out to Actuate IP patent attorneys. They can guide inventors on key choices such as opting for a standard patent or an innovation patent, and deciding between a provisional or complete application. Before taking the plunge, inventors should carry out comprehensive patent searches to make sure their product is genuinely unique and inventive.
Standard patents impose higher qualifying criteria than innovation patents, which are meant to protect short-lived market inventions that don’t qualify for standard patents. The invention only needs a distinctive step – a fresh distinguishing feature in its operation from those of similar, existing products – to be deemed eligible.
Step Two: Submission of Patent Application
There are two routes for submitting patent applications. Inventors can choose to fill out a provisional application that secures a priority date and serves as a placeholder for the final application, albeit without any protective benefits, or they can submit complete applications from the outset. Remember, filing a provisional patent application calls for the submission of the final, full patent application within a 12-month timeline.
Step Three: Examination Request
Upon correct application submission, inventors can ask for its assessment by the organization managing patents, known as IP Australia. Although the application is revealed in the Australian Official Journal of Patents pre-exam, enforcement of the patent legally is only possible post-exam. This process must commence within five years of application.
Step Four: The Examination Process
The examination phase may extend up to two or three years. Its core purpose is to verify the newness of the claims stated in the patent application. If an examiner identifies something that could challenge the inventors’ originality claim, they will issue an objection report. Objections are common in patents, and inventors can respond to these and argue in favor of their originality claims. If the examiner deems the explanation or response satisfactory, the patent will be granted; otherwise, it will be rejected, giving the inventor a chance to appeal.
Step Five: Patent Grant
The grant of a patent provides the inventor exclusive rights to produce and sell their novel product free from competition. It stands to reason that its application process is stringent. Once granted, the inventor can legally enforce their patent should there be any infringement on their intellectual property rights.
Starting the Process
Consulting with a patent attorney is an effective way to initiate the patent application process. While it’s not compulsory for inventors to seek professional help, doing so will undoubtedly enable them to conduct a more thorough investigation to ensure their invention complies with Australia’s demanding requirements.
