Patent Searches

• Patent Searches

  When asked whether an invention can be patented, the very first question to answer is actually whether the invention is “new”. This requires more than just a general search on the Internet.

  Commercial novelty searches

  The commercial novelty search is done very early in the commercialisation process, even before a patent application is filed and is based on a search statement. The search is performed by the Australian Patent Office. Commercial search reports are deemed to be confidential correspondence between the Australian Patent Office and the person who requested the search which means that the invention will remain secret (until disclosed in some other way). The results may be useful in deciding whether to go ahead with the commercialisation of an invention, to attract investment as well as in valuing an invention.

  Infringement searches

  An infringement search is usually done early in the commercialisation process to determine whether the manufacture or sale of a product, or use of a process, in a particular country would infringe a patent in that country.  It is necessary to do a separate search for individual countries as patents are national in character. These searches are undertaken according to the field of application of the invention.

• Not an absolute guarantee

  Although searches are made as completely and as accurately as possible, the search results cannot be considered as providing an absolute guarantee of the availability of the invention, whether for use or for registration purposes, due to the inherent limitations in the search records. This is especially the case in relation to recent patent applications (which are generally not published for at least 18 months) and hence will not be included in the search results. When requesting a search, it is important to clearly specify the subject matter of the search, and the type of the search required or the intended aim of the search. To ensure the best possible results with a search, the search statement should be drafted by a patent attorney.

• Patent search databases

  Australia: IP Australia Patent Database

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  United States Patent and Trade Mark Office (USPTO)

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  WIPO, Japan, Europe and Others

• Please click on the links below for further information

  Innovation Patents

  International Patents

  NZ Patent Filing Requirements

  Patent Searches

  Patents in Australia

  Provisional Patent Applications

  Standard Patent Application