Getting your Patent in Australia
Australia has been one of the most sought countries to expand one’s business. With a high GDP per capita low rate of poverty and having a strong average wealth, Australia has been growing in terms of a strong economy. With the highest median wealth in the world, a major corporation is planning to have their business in Australia, and for that majority of the files for the patent in Australia. Also, it has been ranked fifth in the Index of Economic Freedom in 2017 has the 13th largest economy and tenth-highest per capita GDP, and has continuously been ranked at the top in the Human Development Index. Let us delve into the process of getting along with the patent procedure in Australia. One can file a patent application online or download a paper application from IP Australia's website. One can also engage a patent attorney to file the application for oneself.
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Disclosure and publication
In the application, you must fully disclose your product, process, or invention. After an innovation patent is granted, the patent is published in the 'Australian Official Journal of Patents' online through IP Australia's website. Approximately 18 months after the first application for a standard patent, the patent application is similarly published.
After publication, your production process or invention will no longer be secret, and it becomes public knowledge. This reflects the public policy that in return for the benefits of being granted a patent, you must allow the product, process, or invention to become publicly known so that it can help others to advance technology. The other important purpose of the publication is that you are entitled to stop anyone who infringes your standard patent from this date.
If your innovation patent has been examined, you are entitled to stop anyone who infringes your innovation patent from the later of the publication date, or the certification date (which occurs after examination)
Applying for an innovation patent
An application for an innovation patent is checked by IP Australia for compliance with certain formalities. Generally, the innovation patent will be issued 1 month later. An innovation patent is not examined by IP Australia unless you request examination. Examination occurs when patent examiners consider whether there is compliance with all the requirements of the Patents Act 1990 (Cwlth), including whether your innovation meets the technical tests described earlier of patentable subject matter, newness (or novelty), whether there is an innovative step, and whether the innovation is useful (or has utility). Normally, you would only request an examination if you sought to stop an infringer. After a successful examination, the innovation is certified, and you become entitled to stop infringers.
After the application is filed, the application is examined. As with innovation patents, examination occurs when patent examiners consider whether there is compliance with all the requirements of the Patents Act 1990 (Cwlth), including whether your innovation meets the technical requirements of:
- patentable subject matter
- newness (or novelty)
- usefulness (or utility).
After that examination process, in Australia, other parties have a period of 3 months to seek to oppose or challenge the grant of your patent. Occasionally a party may wish to oppose or challenge the patent examiner's findings in relation to the patentable subject matter, newness (or novelty), whether there is an inventive step, and whether the innovation is useful (has utility), or other matters.
After a successful examination, if there is no opposition or challenge, your patent is granted. If there has been opposition, after the patent examiner's decision is affirmed, your patent is granted.
The above information and further information can be taken from the official website- https://www.business.qld.gov.au/running-business/protecting-business/ip-...