Patent Online Application : IP Australia

Organization :IP Australia
Type of Facility : Patent Online Application
Country: Australia

Website : http://www.ipaustralia.gov.au/get-the-right-ip/patents/
Apply For Patent : portal.ipaustralia.gov.au/login

Patent Online Application :

A patent is a right that is granted for any device, substance, method or process that is new, inventive, and useful.

Related : IP Australia ATMOSS Australian Trade Mark Online Search System : www.statusin.org/9345.html

A patent is legally enforceable and gives you (the owner), exclusive rights to commercially exploit the invention for the life of the patent.

Patent Application Process:
Applying for a patent can be a complex and time-consuming process.

You should seek professional advice from a patent attorney to ensure your application contains all the necessary information.

We have outlined all the steps that need to be taken in order to ensure that the process is smooth:
** Search patent databases, sales brochures and magazines to ensure your invention has not been created by someone else. If your invention was publicly known before you apply for a patent, you won’t be able to get a patent.
** Decide which type of patent best suits your invention. You may wish to file a provisional application first; then decide between filing a standard, innovation or an international patent (PCT) application.
** Once it is filed, your application is checked and published. Please note that fees are payable at different stages of the patent process. An innovation patent is checked to ensure it satisfies the formality requirements, then granted and published in the official journal. A standard patent is normally published in the official journal before examination.
** Examination is mandatory before a standard patent can be granted and must be requested by the applicant. An innovation patent will be examined if examination is requested but this is not a requirement for an innovation patent to be granted. Examination of an innovation patent can only happen after it is granted. For either an innovation or standard patent to be enforceable, it must have been examined. Examination can also be expedited for standard patents, or expedited under the Global Patent Prosecution Highway (GPPH).
** Acceptance and grant of an innovation patent occurs if it has satisfied the formality requirements. It is then published as such in the official journal. If examination is requested and found successful then the innovation patent will be certified and published once again. A standard patent application is accepted once it has been examined and is then published. The standard patent is then granted if it is not opposed.
** Pay annual fees to maintain your patent. Innovation patents can be renewed for up to eight years and standard patents can be renewed for up to 20 years (up to 25 years for pharmaceuticals).

Some common problems:
Many patent applications that are filed without professional help are not successful for one or more of the following reasons:
** The original patent specification, whether provisional or complete, does not describe the invention properly.
** The invention is not new because the applicant disclosed it to the public before applying for a patent.
** The invention is not new because the applicant disclosed it to the public after filing a provisional application that did not adequately describe the invention; i.e. the provisional application did not provide an effective priority date.
** The invention is not new when compared with things that are already known; e.g. it has been published in an earlier patent document.
** The application is for something that is not patentable, such as a principle or idea, rather than its practical adaptation

Apply for a patent:
The online application facility provides you with an easy-to-use and secure system for the electronic filing and management of a range of applications and documents relating to patents.

You can currently apply for the following patents online:
** Provisional Application for a Patent
** Standard Patent Application
** Innovation Patent Application

International patents online :
You can apply for an international patent online using the International (PCT) Application form (this form cannot be used to enter the national phase). This service is seperate to eServices and requires a different log in.

This facility allows customers to submit international patent applications under the Patent Cooperation Treaty (PCT) generated by the World Intellectual Property Organization’s (WIPO) PCT-SAFE software package.

Before applying for a PCT online you should take time to understand the steps to applying for an international patent online.

Please note that in order to use the new PCT online service you will need to obtain the latest version of WIPO’s PCT-SAFE software and a digital certificate, which are available free of charge from the WIPO website.

How to file a specification:
The Best Practice Guide for Filing a specification should be followed to ensure that your specification complies with the requirements of Schedule 3 of the Australian Patent Regulations, requirements under the Patent Cooperation Treaty (PCT) and recommendations provided by WIPO standard ST.22.