Patent Examiner

A patent examiner is a specially trained civil servant who works for IP Australia to process and examine patent applications and to determine if an invention is patentable. 

All patents must undergo an examination by a patent examiner and be approved by them before a patent can be granted. 

Typically, patent examiners have a background in engineering or science and use these skills to expertly assess new inventions against all necessary criteria. 

This criteria is set out in the Patents Act and informs a patent examiner’s decisions on whether a patent may be accepted for registration and ultimately granted. 

Examinations

When an examination request is submitted following the filing of a patent, it is the patent examiner who receives this. 

The invention and its associated application are carefully assessed before any decision can be made. 

Should a patent examiner discover a concern, they will outline this in an examination report where the objections will be detailed. IP Australia cannot provide legal advice and as such they cannot advise the applicant how to overcome the objections.

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