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this video will give you a brief overview of the australian standard patent process beginning with filing of the application up until grant of the application a standard patent will provide you with 20 years of protection for your invention typically people begin with filing what is called a provisional patent application a provisional patent application establishes a priority date for your invention and is typically suitable if the invention is not in a commercial ready form or you feel that there may still be modifications or improvements you would like to implement after filing the provisional application will give you 12 months of pending patent protection before the application will lapse to maintain your priority date you will need to file a complete patent application the filing date of your complete application officially starts your 20-year term of protection the complete application is typically a more comprehensive version of your provisional specification including further technical detail or information about any modifications or improvements you have implemented to your invention since filing the provisional once the complete application is filed no further information can be incorporated into your patent specification at this point in time i'll just make a point to say that a provisional application may not be necessary in all instances you may be ready to file a complete application at first instance but this is something you should discuss with your patent attorney 18 months after your first filed application which in this example is a provisional patent application your application will be published and available for viewing by anyone on ip australia's online auspat database now begins a waiting period which is typically between one to three years in duration where your application will sit in a queue at ip australia waiting to be examined when it is time the patent office will issue a direction for you to request examination on your application and you will need to pay a fee you do not have to wait for the formal direction to request examination to be issued by the patent office you can request examination early or even request expedited examination if that is in line with your commercial objectives your attorney should be able to help you with this decision ip australia will then issue an examination report on your application from the date of issuance of this first examination report you will have 12 months to put your application in order for acceptance so what is examination examination is the process whereby i p australia assesses your application to determine whether your invention is worthy of receiving patent protection the two main criteria that the examiner will assess your application on are known as novelty and inventive step to satisfy novelty requires that your invention is new or has a new feature not previously seen anywhere in the world the examiner will search patent literature and any other published material that existed before your priority date which if you remember from earlier is the date you first filed an application in contrast to novelty inventive step is a more subjective test to have inventive step your invention cannot be considered obvious to a person skilled in the technical field of your invention now what does that mean take the hypothetical example of a coat having buttons to fasten the coat you may then come along with a new coat having zippers to fasten the coat but because the replacement of buttons with zippers would be considered obvious to a person skilled in that technical area for example a coat maker the examiner may raise an objection to you on the basis that your invention your new coat with zipper does not have any inventive step obviously this is just a hypothetical example inventive step can take a while to get your head around and the best person to speak to again would be your patent attorney who would give you their feeling as to whether you may meet the criteria of inventive step once an examination report is issued would work with your patent attorney to prepare a response to the examination report there are two main goals here the first is that your response circumvents any material found by the examiner and the second is that your application still maintains a scope of protection that is of commercial value to you here your patent attorney plays a big role and will help you to prepare and submit a response to the examination report that is in line with your commercial objectives the examiner would then consider this response and if the application now meets the criteria accept the application if the application does not meet the criteria that is novelty and inventive step the examiner may issue a further report at which point it is back to the drawing board with your patent attorney in some cases the application may go back and forth several times before the scope of the application is settled between both you and the examiner once your application has been accepted the details of acceptance will be published in ib australia's official journal of patents and your application will be open to opposition by a third party for a period of three months this is an opportunity for people typically your competitors to object to the grant of your patent there are a range of grounds on which the third party can object to your application these include the criteria that were considered during examination such as novelty and inventive step for example a third party may submit a document that was not uncovered during examination and claim that your invention is not novel or does not involve an inventive step in light of that document after this three-month opposition period expires your application will proceed to grant and your patent rights will be enforceable at this stage there is nothing more for you to do but pay the renewal fees to keep the patent alive i hope this video was helpful and if it was can you please press like so we know we are on the right track if you feel that you may need some further information please don't hesitate to contact us at davies collison cave and we'll be happy to go over the patent process in more detail and give you some advice particular to your circumstances
Thanks for your comment Charley Imm, have a nice day.
- Jimmy Arrigone, Staff Member
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 Bert your participation is very much appreciated
- Jimmy Arrigone
About the author
I've studied historical linguistics at Tabor College in Hillsboro and I am an expert in computational archaeology. I usually feel good. My previous job was license clerk I held this position for 17 years, I love talking about flying disc and saxophone. Huge fan of Deftones I practice rock climbing and collect cheese labels.
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