Patent Procedure 1: Australia
Filing an Australian provisional patent application is usually the first step in the patent procedure of obtaining protection for one or more of your ideas anywhere in the world and lasts for 12 months. After filing a provisional application, a patent search is usually performed to attempt to identify relevant prior art. This will give you an indication of the chances of your patent application’s success, so that you may regulate your prosecution procedures in later stages of the patent application process.
Patent Procedure 2: International
The second step in the patent procedure of obtaining patent protection in the countries you choose is the lodging of a Patent Cooperation Treaty (PCT) international application with the World Intellectual Property Organisation (WIPO). In most cases, a PCT application is filed within 12 months of lodging a provisional application. This procedure establishes a filing date in all the countries signatory to the treaty, of which there are more than 140 countries.
Patent Procedure 3: National
Your PCT application lasts up to 30-31 months from the priority date before lapsing. The next point of patent procedure is to protect your invention in each country of interest, by completing and filing national phase applications in each individual country before the relevant deadline.
Patent Procedure 4: Procedural requirements for PCT national phase patent applications in Australia
- Particulars of the PCT patent application including WIPO publication number; and
- If the PCT application is not in English, an English copy of the application, verified by its translator as a true and complete translation.
There are other options apart from filing a PCT patent application. For instance, you may apply for patent protection in the countries you elect by directly filing individual complete patent applications in each country. However, the filing cost of this stage can be quite significant if a large number of countries are selected.
Important Disclaimer: The information on this website is not legal or professional advice. The information may:
- not be correct;
- only relate to the law or practice in a given country; and/or
- be outdated.
For more information, please contact the Site Administrator: Baxter IP Patent Attorneys Sydney.