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Patents

Applying for a Patent

When applying for a patent in Australia it is necessary to submit a description of the invention (called a “patent specification”) to the Patent Office to obtain a priority date. The invention should be described in sufficient detail in the specification to enable a person skilled in the art to put the invention into effect, without the need to exercise further inventive skill or ingenuity.

The patent application must also give the best method known for working the invention. The application must end with one or more “claims” that define the scope of the protection given once the patent is granted.

Any public disclosure or commercial use of a patented invention after the priority date will not prejudice the validity of that patent. Once the invention has been described in a patent application, it may be advertised, sold or otherwise disclosed to the public without prejudice to the validity of the patent to issue on that application. However, in order to avoid jeopardy to patent rights, there should be no public disclosure or commercial use of the invention until a patent application has been filed.

A patent application may be either a “provisional application” or a “complete application”. A complete application may be one of three types: Innovation, Standard or International.

 

The Patenting Procedure

flowchart_PatentProcedure

 

 

 

 

 

 


 

 

 

 

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