In Intellectual Property terms, sealing refers to the finalisation of a patent application. In older times, a paper certificate used to be issued with the government seal on it. This is still done in some countries, but in Australia nowadays an electronic patent certificate is issued that can be checked against an online register of patents.
The last step in the patent approvals process, receiving the seal of the Patent Office means your patent application journey is complete.
Once sealed, a patent is deemed authenticated and the deed of ownership is sent to the patent applicant.
The sealing of a patent application is only possible once it has been published as having been granted in the Australian Official Journal of Patents.
If there are no oppositions registered to your patent post-publishing, your patent will be sealed typically within four to six months of the end of the advertisement date.
Once sealed, your patent is considered granted and limited further amendments to the patent can be made.
A patent may only be authenticated and sealed by the Commissioner of Patents.
This is an authorised representative of IP Australia (the Australian patent office) that finalises your application and makes the final decision on whether to grant your patent.
Should an opposition be made to your patent application after it is published, you will be notified and sealing will be delayed until the opposition is resolved. The Commissioner of Patents may also refuse to seal your application on other grounds and time may be granted to rectify any issues.
Whether approved or declined, the Commissioners decision will also be published in the Official Journal of Patents (Official Journal).
Encountering problems at this final stage of the patent process can be stressful and confusing. If in doubt, always speak with a qualified patent attorney before responding to opposition.
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IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
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