Patents
6. The Patent Application
Last updated: 17 Aug 2015
- Before a patent can be used to stop unauthorised use of an invention the patent application must be examined and granted by the Patent Office of IP Australia. This is the government body that administers the Patents Act 1990 (Cth) and maintains the Patent Register.
- IP Australia provides many useful resources to assist potential applicants.
- While inventors are permitted to draft their own patent specifications it is advisable to obtain professional assistance to ensure that the patent specification meets all of the requirements under the Patents Act 1990 (Cth). Failure to do so may affect your ability to secure a patent.
- The Patents Act 1990 (Cth) prohibits anyone other than registered patent attorneys performing this task. Beware of unscrupulous consultants or freelance contractors who charge for this service and are not qualified or registered to practice as patent attorneys in Australia.
- The patent application process is long and involves many steps that have fixed deadlines. A patent attorney will monitor the deadlines to make sure your patent rights do not lapse through inaction.
- Writing the patent specification is only the first step in the patent application process. A patent filing strategy will also need to be confirmed.
- Once a patent application has been filed, the Patent Office will examine a submitted patent application for compliance with the requirements of the Patents Act 1990 (Cth).
- The Patent Office may raise any number of objections. Patent attorneys are experienced in understanding Patent Office objections. They can identify the kinds of issues each objection is seeking to clarify and what arguments the Patent Office may find persuasive to overcome those objections.
- Only patents that are examined and meet all of the requirements under the Patents Act 1990 (Cth) will be granted.
- Patent rights are territorial rights and you need to consider registration in each territory in which you might ultimately have a commercial interest. Lodging a patent application through IP Australia will only provide protection in Australia.
- There are various options for protection beyond Australia and the most effective will depend on your business plans and resources. Most patent attorneys have a network of trusted foreign associates and experience in the best methods of foreign protection.
- Aside from the patent process, negotiating and entering into patent or technology licences may be an important part of any revenue stream.
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