Examination of Patent Application

The Australian Patent System has an examination mechanism of the new patent applications under which an official reviews the application only after the applicant has submitted a request for examination and paid the requisite examination fee.

Those applicants who have submitted application for the request of examination of their patent along with examination fee on or after 15.04.2013, their request shall be considered as per the new law.

The newer law has a provision for a more stringent test for the usefulness of a patent. The applicant must disclose the usefulness of the patent in the specification, and the examiner must submit a report on the usefulness of an application at the examination stage.

Hiring a patent lawyer will be a big help to you when you are planning to apply a patent. They are knowledgeable with regards to the process of patent application.

Entitlement Details

Australian law requires applicant to submit a statement of entitlement confirming the ownership or basis of ownership from the original inventor along with the right to claim the benefit from any earlier filed priority application. Previously, applicant could submit this statement anytime prior to acceptance of the patent. However, under the new law, it is mandatory to submit the entitlement information at the time of request of examination via online or conventional form.

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Under the previous law, the amendment to patent specifications was possible till it would change the scope of the patent application. Applicant could incorporate changes in the description or drawings to provide more details or clarity. However, under the new law, no amendment is possible which extends the scope of disclosure.

Replacement of drawings which have illegible version details or information and submission of additional examples are few such amendments which are not permissible under the new law even though they do not alter the scope of the application.

Check also: Patent Application Reminders