Case Study : Australian Patent Procedure

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Australian Patent Procedure

Patenting a product will take a lot of time, effort and resources but by patenting your invention, it will give you long-term protection and control over your invention and would be able to gain beneficial economic value in return as well as monopolize your invention on the selected market. Standard patent will protect your invention up to 20 years from the date you complete your application.
Before you can commercialize your product there will be certain procedures that you have to follow, in general patent will be granted only when you have completed your application and gone through examination, acceptance of the invention. But before that, you will be given priority date once you have completed …show more content…

• The invention must not be made so obvious for someone with knowledge and experience in the technological field of the invention can copy or imitate.
From the very first step of the process granting standard patent until it is granted usually takes up to 8 years.
Complete Application

After 12 months of grace period you have to provide complete application of your invention and make first publication in which regulated in section 54(3), where Commissioner will publish a notice in the Official Journal of patent 18 months from the earliest priority date (Application first filed).
Publication made for 2 reasons:
• It sets the date after which anyone using your invention without permission is unlawfully infringing your patent. That is, once you have a granted standard patent, you can take legal action for any infringements that occurred on and after the publication date
• The contents of your standard patent application are no longer confidential. Your invention becomes part of the knowledge of the general public and may therefore subsequently assist in advancing industry and technology.
From the date your standard patent application is submitted you are required to request examination of your application within 5 years of the filling date. If you have not done so, after 4 years from filling date, Australian Patent will direct you to request examination. Your application will lapse if you fail

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