Patent Applications

Convention Patent Application Attorneys

Highly qualified patent attorneys, skilled in the provision of services related to patent applications, securement, renewals and defence.

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What Is A Convention Patent Application?

A convention application in the context of patents refers to an application for a patent that claims a priority date for a related or the same application made in one or more ‘convention countries’.

This means any country that is party to the Paris Convention for the Protection of Industrial Property which covers patents and other intellectual property (IP).

In practice, this means you may file for patent protection in a convention country within 12 months of your initial basic application in another member country and claim the earlier filing date.
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Why Make A Convention Patent Application?

There are several benefits to making a convention patent application, the greatest of which is the ability to back-date your patent protection to the original filing date of a priority application.

This ensures the protection offered through your patent or patents are all tied to the same priority date in all member countries.

It also allows you to stagger the filing of any applications over 12 months so you don’t have to file all applications together at the same time.

All subsequent patent applications made within the 12 month period can claim priority from the first application.

In addition to this, a convention patent application can make it easier to enforce your patent rights. With a single recognised priority date, tracking and dealing with infringing behaviour is much easier to manage.
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Do I Have To Choose A Convention Patent Application?

No, you do not have to apply for a convention patent application when applying overseas for the same protection as an Australian patent.

However, should you elect to apply for patent protection overseas as a new application, you may be unable to claim the earlier filing date of your existing application or granted patent.

This not only causes challenges in protecting your IP from as early a date as possible, but it could mean your application is invalid due to your earlier filed application becoming prior art.

Should an application for a similar or the same patent have been lodged before yours, opting for a convention patent may prove highly valuable. It may prove an earlier priority date and therefore see you awarded protection over another applicant.
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Can I Manage A Convention Patent Application Myself?

While it is possible to manage a convention patent application on your own, we advise against doing so.

Convention patent applications are even more involved than standard applications, often involving a raft of additional paperwork and complex navigation of foreign patent procedures. A patent attorney will have specialised software for monitoring the international filing deadlines as well as access to a network of approved foreign attorneys in most countries who can file applications for you.

For example, if attempting to submit an application in Australia for an existing overseas patent you hold, IP Australia will ask for the following in addition to standard requirements:

A certified copy of the foreign patent or patent application
Where necessary, a verified English translation of the patent or application
A notice of entitlement (proof of ownership for the patent)

This is challenging enough to manage within Australia, if dealing with a foreign patent office, this can make the preparation and submission of a convention patent seem impossible. In addition, in most cases you cannot file an overseas application yourself as you require an address for service in each foreign country and must appoint a qualified attorney to represent you at the patent office.
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IP Guardian - Skilled Patent Attorneys

A trusted name in patent law, IP Guardian expertly manages every aspect of patents with zero compromises on outcomes or services provided.

With IP Guardian you can expect to benefit from in-depth guidance and genuine support from highly professional and dedicated patent attorneys.

Backed by decades of experience, our team is best placed to support you in making a convention application for a patent whether in Australia or overseas.

Our legal advice is both accessible and affordable, ensuring all Australian innovators can receive the support they need to obtain the protection of their IP.
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