Australia patent search auspat [Up To Date]

Last updated : Sept 7, 2022
Written by : Ken Arnao
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Australia patent search auspat

How do you check if something is patented Australia?

You can search the Australian patents register to determine who owns a patent. It is possible for the ownership of a patent to be transferred. Once we are notified of the change, we will record the details in the patents register.

How do I do a full patent search?

Start at Next, under the heading Related USPTO Services, click on Tools to Help Searching by Patent Classification. You can now start searching. Patent searches may also be done at and at a number of other free sites.

How do I look up a patent number?

If you know the patent number use either Google Patents or the USPTO website to find the patent. Enter the patent number without commas and when using the USPTO website the patent number must be seven numbers in length (add preceding zero's if necessary).

Can you look up if someone has a patent?

Patents may be searched using the following resources: Patent Public Search. USPTO Patent Full-Text and Image Database (PatFT) USPTO Patent Application Full-Text and Image Database (AppFT)

How long does a patent last in Australia?

A standard patent gives you long-term protection and control over an invention. It lasts for up to 20 years from the filing date of your application (or up to 25 years for pharmaceutical substances).

Can you patent something that already exists?

Can you patent an existing product? No, you cannot get a patent on an existing product because it does not meet: the novelty requirement and. the inventorship requirement.

Can I do a patent search myself?

Conducting a patent search on your own is not that difficult; in fact, many inventors and entrepreneurs conduct their own patent search to save money. However, if you have the budget for it, seeking professional assistance or using patent search software is always an excellent option for a more detailed search result.

How much should a patent search cost?

A patent search cost can be anywhere from $100 to $3,000 depending on the complexity of your invention and covers research into existing patents and patent applications. You can use free online tools to do your own search, but an attorney can help you dig deeper.

What is the best patent search engine?

Google Patents is our top recommendation among the free patent search engines. Google Patents indexes more than 18 million patent documents published worldwide including full-text data from major offices such as the USPTO, EPO, JPO, KPO, WIPO, and CNIPA.

Can you search patents by company?

Go to the USPTO's online database. Choose the Issued Patents (as opposed to Published Applications) Quick Search. In the right pull-down field menu, select "Assignee Name" if searching for company name or "Inventor Name" if searching for Inventor name.

Do patents expire?

Patent Expiration Utility patents expire four, eight, and 12 years after issuance of the patent if the maintenance fees are not paid at these points in time. The patent actually expires at 3.5 years, 7.5 years, and 11.5 years, but there is a six-month grace period in which to pay the maintenance fee.

Are patents public information?

This way invention is encouraged through the monopoly to the inventor and technological arts and sciences are advanced by the disclosure of the invention to the public. Therefore the content of a patent is publicly available information.

What is a poor man's patent?

A poor man's patent is essentially writing out a description of your invention and then mailing that written description to yourself. This postmarked envelope supposedly acts to create the date of your invention as the date this written description was postmarked.

What are the 4 types of patents?

  • Utility patent. This is what most people think of when they think about a patent.
  • Provisional patent.
  • Design patent.
  • Plant patent.

What are the 3 types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

What things Cannot be patented?

  • literary, dramatic, musical or artistic works.
  • a way of doing business, playing a game or thinking.
  • a method of medical treatment or diagnosis.
  • a discovery, scientific theory or mathematical method.
  • the way information is presented.
  • some computer programs or mobile apps.

Can I produce and sell an already patented product?

The U.S. Supreme Court in a recent ruling has opined on the rights of a purchaser to use and resell patented products. The patent system give the patent owner the right to exclude others from making, using, and selling the patented invention, for the life of the patent.

Can you sell an idea to a company without a patent?

Yes, you can sell an idea to a company without a patent. However, the company needs to enter into a contract such as a nondisclosure agreement (NDA). Otherwise, they can steal your idea. Unfortunately, many companies will not enter into an NDA.

How long does it take to do a patent search?

A patent search takes 1 to 2 weeks to complete after receiving drawings and a written explanation of your invention.

Are Google Patents reliable?

For business owners who don't have the budget to hire a firm to perform patent searches for them, Google Patents is a good option. Google Patents' Advanced Search provides a number of impressive filters, especially helpful for searchers who are astute and well-versed in Google's database and features.

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Australia patent search auspat

Comment by Danica Audia

this video is going to give you an overview of the innovation patent and the process of applying for an innovation patent the innovation patents are a second-tier form of protection that is particularly suitable for simpler inventions or incremental advances in technology it is probably easiest to begin with a comparison between the innovation patent and the standard patent if you haven't watched our video on the standard patent process it would be a good idea to watch this first click this link to be taken there now let's have a look at the comparison there are many differences between the innovation pattern and the standard pattern for simplicity I'll just talk about the three major ones at first instance the first major difference is in the term or length of protection available the innovation patent will give you eight years of protection for your invention whilst the standard patent will provide you with 20 years of protection the second major difference is in the threshold requirements for patentability to obtain an innovation patent your invention will need to be novel and to involve an innovative step however he will remember that to obtain a standard patent your invention will need to be novel and to involve an inventive step the third difference is that in the innovation pattern process the examination is optional in the standard patent process examination is compulsory this has a substantial effect on how these patterns may be utilized commercially to help you understand and contextualize these differences let's now have a look at the innovation patent application process in more detail and what these differences mean in a practical sense like with the standard patent application process you may or may not have filed a provisional patent application to give yourself 12 months of initial protection before the expiration of this 12-month provisional period you must file a complete application to maintain your priority date in this instance your complete application would be a complete innovation patent application once filed your innovation patent application undergoes a formalities examination where minor details are checked these details include things like the inventor names and/or the formatting of the application once this formalities examination is completed your application will proceed directly to grant if you have watched our standard pattern video you are probably thinking that this doesn't sound quite right how can my application proceed directly to grant without undergoing examination by the Patent Office without examination how does the Patent Office know that my application meets the requirements for patentability well this is where difference 3 comes in you will remember that examination is optional for an innovation patent the term granted when applied to an innovation patent has a different meaning than when applied to a standard patent a granted innovation patent is not enforceable whereas a granted standard patent is enforceable when I talk about enforceable I mean that if you wanted to sue a copycat you would not be able to do so unless your patent was enforceable for your innovation patent to be enforceable you will need to request substantive examination of the innovation patent this is formally known as certifying your innovation patent you can request certification at any time during the eight-year term of the innovation pattern so why would anyone want an innovation patent that is not enforceable the simple answer is cost you may decide that you do not want to spend the money going through the certification process until you need to for example you may want to wait until you see that someone is definitely copying you it really depends on your budget and your business model your patent attorney can help you determine an approach that suits you and your business if you were to request certification IP Australia will then look at your innovation patent to assess whether your invention is novel and whether it involves an innovative step novelty is the same as for standard patents and simply requires that your invention is new in light of anything published anywhere in the world before your priority date you will remember from the stage and a patent video that your priority date is the date at which an application was first filed for your invention innovative step like inventive step is a subjective test however the inventive threshold for innovative step is a lot lower than for inventive step Australian patent law defines that to have an innovative step your invention must provide a substantial contribution to the working of the invention this phrase is a bit convoluted but in practice it generally means that your invention should provide some advantage over the prior art when I say prior art I am referring to similar or relevant inventions that existed before your priority date as a hypothetical example consider a typical water bottle with a ridged bottle cap to aid with gripping and twisting of the cap if you were to introduce the same ridges to the body of the bottle this may be considered enough to provide an innovative step because the new ridges provide an advantage in that the bottle may be easier to open on the other hand this type of simple improvement may struggle to meet the inventive step threshold for standard patents as it may be considered obvious to take the ridges from the cap and place them on the body of the bottle you will remember from the standard patent video that to have inventive step your invention cannot be considered obvious to a person skilled in a technical area of your invention your patent attorney can provide you with some guidance as to whether your invention may meet the innovative step threshold after reviewing your innovation patent the examiner will issue an examination report providing an opinion as to whether your invention is novel and whether it involves an innovative step from the date the first examination report is issued you will have six months to put your innovation patent in order for certification this may involve several responses to the Patent Office once the scope of your patent is settled such that it meets the threshold criteria for patentability your innovation patent will be certified your innovation patent is then enforceable the low threshold for inventiveness means that innovation patents are particularly suited to simpler inventions and incremental improvements although the innovation patent protects small advances it can be a very powerful commercial tool as it can be enforced in the same way a standard pattern is enforced the optional examination also makes it commercially attractive to small businesses as always if you're unsure if an innovation pattern is right for you and your business your patent attorney can sit down with you and discuss the pros and cons we hope this video was helpful and if you have any particular questions about innovation patents feel free to get in touch with us at Davies collison cave and we would be happy to help you out

Thanks for your comment Danica Audia, have a nice day.
- Ken Arnao, Staff Member

Comment by racar22

welcome to IP Australia's introduction to paddle searching my name is matt and in this video i'll show you some of the reasons why you'd want to do a patent search some of the free online tools you can use to do patent searching as well as a few basic techniques to get you started if you need to realize yourself with the basics of intellectual property we suggest you have a look at our website or check out one of our IP 101 webinars there are links in the description firstly some assumptions the straight and patent system can be an uncertain and daunting journey for the uninitiated for first-time applicants engaging an attorney can greatly increase your chances of success so for the purposes of this video I'm going to assume you want to search in preparation for meeting your patent attorney let's say you've invented something or you've come up with a new business idea searching is a great initial step to take to make sure your idea is near if you're considering protecting that invention with a patent searching is also a great way to save time and money by giving your attorney an idea of how your invention fits into the marketplace and if you find existing patents or patent applications that are similar to your product or service you can consider your options for patent protection there are generally two reasons why people would want to do a search to see whether your invention or idea is actually new and to make sure you're not going to infringe on someone else's IP after all the last thing you want to do is invest in an idea that's owned by another business that could be an expensive mistake the kind of search a patent examiner or patent attorney will do is a specialized function that takes training and experience these searches are intended to be the legal basis for arguments for or against a patent application but the kind of searching you are going to do will be aimed at giving your attorney an idea of how you believe your invention sits alongside competing products or services so where are you going to search before we move to searching patent databases we suggest starting with Google search broadly as though you were looking to buy your product that might be in key words describing your product or service or even searching around the problem your invention solves look for promotional documents research or scientific literature relevant to your product search your competitors and see how they describe what they do this will also come in handy in a minute remember you're basically trying to find search results that show your product or service isn't near when you're happy that your invention isn't already being made or sold by someone else it's time to focus your searching on patent databases one of the easiest tools you can use is Google patents Google pens has the same basic interface as the normal Google search so all it needs is a few key words to begin one thing to keep in mind is that Google pens will not include results from IP Australia's database so if you're interested in finding Australian based results then Google patents isn't going to be the option for you however if you're looking to get a global view of the market you're entering it could still be worth for search another website I want to highlight is Lenz org as with Google patents this is a free tool which allows you to search databases across the world where lensed are all really differs is it does include Australian results the interface is a bit trickier than Google patents however because it covers all the databases across the world it is a very powerful tool and well worth a look and finally there's oz Pat produced by IP Australia as a dedicated search tool for the Australian patent database while you'll only find Australian patent applications it does have the advantage of being able to look at the entire case history for all of those results put basically when an examiner reviews a patent their search history is made available for you so you can follow the trail if it's of interest this can be especially useful if you're searching to see how the local market looks Paul want to keep an eye on your competitors to see how the applications are fed but what are you going to be looking for when searching usually when you do a search you'll be searching for the thing that makes your product unique more special compared to everyone else's this is known as the inventive concept the inventive concept is what you should be focusing your search on so you get the most useful results again you're looking for anything which proves your invention isn't new look for results which contains something that is same or similar to your invention look for results where the products or service solves the same or similar problem to your invention patents or patent applications that are pending or enforce will be the most relevant to avoiding infringement and I'll tell you how to check that shortly location is also important it can indicate which countries are or aren't covered by the patent and finally pay attention to the claims of these patents and patent applications as they will set out the legal boundaries which will help your attorney determine whether infringement may occur but let's step back to your inventive concept and think about how to describe it in words time to get creative with synonyms make a list of different ways your invention can be described just take this example this could be a soft drink an but there are many other ways I could describe the same product it could also be a beverage container or a liquid holding receptacle because there is no guarantee that other people have used the same words that you have the more alternatives that you can come up with the better chance of finding relevant results remember to think about other cultures too like how Americans might call soft drink soda now let's have a closer look at Google patents and see what you can expect when you start searching let's say that I've invented a new product a soft drink and holder which is : inside to begin my search I'll go to Google patents and type some keywords the first keyword set I'm going to try is soft drink can holder as well as coolant you can see that there are not many results because of only asked for a soft drink can a holder and the coolant it's pretty restrictive remembering what we said earlier about using synonyms let's try a few alternatives and see what happens let's try beverage container coolant as well as sleeve holder or pocket now you can see we've got plenty more results because we've used a broader set of words now I just want to pause there and talk about the mechanics of what I just typed you'll notice that I use some plus quotation marks or and bracket operators these have special meanings when you're using Google I won't go into all of them now but there's a link in the description below to a useful google help page now let's click on one of these results to see what info you can expect the first thing that you will notice is a title and an abstract the abstract will give you a brief summary of what this result is all about and it's usually enough to ex

Thanks racar22 your participation is very much appreciated
- Ken Arnao

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