Guide to applying
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- Bu səhifədəki naviqasiya:
- The Commissioner of Patents IP Australia PO Box 200 Woden ACT 2606 Australia
- IP Australia PO Box 200 Woden ACT 2606 Australia
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How to file a complete patent application
How to file a complete application Remember ‘complete’ simply refers to a standard or innovation patent application that’s ready to go. When filing you can:
• use the services of a patent attorney • apply online via eServices accessed through our website or mail your application to: The Commissioner of Patents IP Australia PO Box 200 Woden ACT 2606 Australia If you apply online you can electronically attach files to your application. Due to international patent standards these files must be in a PDF, JPEG, TIFF, TXT, DOC or DOCX format.
What do I need to file? Applications for standard patents or innovation patents (i.e. complete applications) should include:
• either a Patent Request: Standard Patent form or, a Patent Request: Innovation Patent form • a complete specification including an abstract • the filing fee. For online filings using eServices, each attached file cannot exceed 20MB in size, with a total of 100MB per cart.
How to pay File your completed application with the correct fees:
Using eServices By Visa or MasterCard when you submit your application through eServices.
For paper applications By cheque, money-order or credit card (Visa or MasterCard only) using the ‘Payment Form for Credit Cards, Cheques and Money Orders’ available from our website. Post the completed form, along with your money-order or cheque, made payable to:
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By Electronic Funds Transfer (EFT) – by prior arrangement only. To arrange payment please contact 1300 651 010, and download the EFT form.
Preparing your complete application Patent Request form - standard or innovation patent
If you apply online you can complete the form through eServices. If you do not want to apply online a fillable copy of the patent request form for standard patents together with instructions for filling it in is available from our website. Please read the instructions carefully before filling in the patent request form, and keep a copy for your own records. The patent request form for an innovation patent is made up of three parts and must include all applicants and the nature of the invention. All completed parts must be signed by the same person and filed at the same time.
What is a complete specification? A complete specification is made up of Title, Description, Claims, an Abstract and Drawings (optional). The specification should be drafted carefully. This is the document on which a patent, if granted, is based.
Title The title should appear on the first page as shown in the example on page 17. If the patent is based on a provisional application then you should use the same title.
Description The example specification shown on is written for an innovation patent, although the level of detail required when describing your invention is the same for a standard patent or a provisional specification. Remember that it is important to include a full description of your invention when you file a complete application.
Claims Claims are an important concept and function like mining rights. In the early days of a gold rush, miners staked claims in the ground where they wanted exclusive rights to dig for gold. Patent ‘claims’ work in a similar way, except they’re based on exclusive rights to an invention rather than a piece of land. If you try to claim too much, it may be difficult to obtain or at least defend those rights. However, if you claim too little you may miss out on valuable opportunities. Poorly worded claims can be confusing and completely miss the true ‘inventive step’ in your technology. Patent attorneys are experts at writing claims, which is why you are strongly advised to use their services. Claims are important because they determine the scope of the monopoly given by a patent. The claims must:
• be clear and concise • distinguish your invention from what is already known • set out all the essential technical features of your invention • be consistent with the description. Statements about advantages of your invention are not suitable as claims. A standard patent can have any number of claims (note: additional fees apply at the time of acceptance if the number of claims exceeds 20). An innovation patent can have up to five claims. You should also be aware that you may lose the priority date established by an earlier provisional application for any claims that include a feature which you did not describe in the provisional specification. The example of a complete specification gives examples of well written claims. It defines only those features that are essential to the operation of the ‘shaker can’. Yüklə 3,38 Mb. Dostları ilə paylaş:
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