Patent Registration in .
Take advantage of Patent International’s Australian Patent registration service. The Australian economy is bustling with businesses from all over the world. The companies compete in a tough environment and bring in innovative products to have an edge over others. These inventions are the intellectual properties of businesses and individuals alike and must be protected through a patent to achieve all the rights and legal protection.
To understand the patent registration process in Australia, let’s discuss it in detail.
Australian Patent Registration
For patents, almost every country follows a first-to-file system, allowing you to be the rightful owner of your intellectual property as soon as you file a patent. To register a patent in Australia, the applicant can file an application through IP Australia or they can use an Australian patent registration service like Patent International.
The application can also be filed under PCT or WIPO.
Types of Patents
Types of Patents in Australia
There are two different types of patents in Australia that include standard patents and innovation patents. To ensure successful patent registration, there are several requirements that you must understand before proceeding with your Australian patent registration:
Inventive: Whatever the innovation is, it should not be obvious to the average person, technically or otherwise. The solution should be new.
Novelty: Your invention should be something that no one has ever seen, it should be new in the public domain.
Utility/Industrially applicable: If you invention does not achieve what it claims, then it fails the factor of utility and industrial application.
There are different inventions that are not eligible for a patent, which include mathematical algorithms or models, medical treatments for animals and humans, mental concepts or processes, artistic creations, plans or schemes, principles or theories, and plant varieties.
There are two types of patents:
- Standard Patent: A standard patent gives you long-term protection and control over an invention. It lasts for up to 20 years from the date of application filing (or up to 25 years for pharmaceutical substances)
- Innovation Patent: The Australian government is phasing out this patent. Innovation patents were created to provide protection for an invention with a short market life that might be superseded by newer innovations, such as computer-based inventions. Existing innovation patents that were filed on or before 25 August 2021 will continue in force until their expiry (8 years). They were designed to protect inventions that do not meet the inventive threshold required for standard patents.
How to register a Patent in Australia?
You can conduct your own search through the IP Australia database if you are experienced. This search will allow you to know the types of patents available and in which category your invention falls under. However, if you are inexperienced, you should take help of registered attorney and agents.
Australian patent registration, the application and all of its content are recommended to be in English language but if the applicant files in a language other than the official one then a translation has to be submitted within 2 months of filing. For any missing documentation, a notice will be sent to the applicant. The requirements are:
- The application fees;
- Specifications and details of the patent;
- Drawings (when necessary, for example a design);
- Priority document (if applicable);
- Power of Attorney;
Once filed, the Australian patent registration application will likely remain dormant for three years or so until the Patent Office sets a two-month deadline to request examination. The applicant then has up to 12 months to overcome the examiner’s objections (if any). If the applicant fails to do that, the application will be rejected. The exam process can be expedited by request or under Global Patent Prosecution Highway (GPPH).
After the examination, if there are no objections or if they are overcome, the application gets accepted and is published in the journal. This is done for 90 days.
During the time the application is published, any party can file an opposition. If that happens, the applicant has to respond with relevant arguments and proofs to overcome any objections. Failing to do so will result in rejection.
If all the fees are paid and there are no objections, the applicant is notified and the patent gets granted.
The entire patent process takes around 2-4 years on average but can take even longer depending on the complexity of the patent.
Price of Patents
Patent registration cost in Australia
The cost of obtaining a patent in Australia ranges from $400 to $3000, but can increase if there are complexities involved.
Age of Patents
How long does a patent last in Australia?
Patents in Australia are valid for 20 years from the date of filing. Annual renewal fee has to be paid in order to maintain the patent. If renewal fee is not paid, the patent might get canceled.
To keep you invention and intellectual property protected from all sorts of competitors, it is important to obtain a patent.
At Patent International, we provide hassle-free Patent services catered to your needs, in compliance with the international requirements and standards. Australian patent registration doesn’t have to be complicated, and that’s why Patent International is here to assist with all of your intellectual property needs.
*What to do? How to do it? When to do it? Will it work?*
If these are the questions that come to your mind when thinking of registering a Patent, you have come to the right place. We, at Patent International, answer these questions and more! Offering multiple Patent services, we guarantee client satisfaction. For expert advice and consultation, contact us now!