Patents

Patent Examination Reports

Highly skilled patent attorneys, providing personalised and commercially oriented services for patent submission, securement and defence.

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What Is A Patent Examination Report?

Once you have submitted your application for a patent, it goes through several processing stages. One of these is an examination of the patent application performed by an examiner from IP Australia.

This examination involves a detailed review of your patent. During this check your application is reviewed against all existing technological knowledge - also known as ‘prior art’. This is done to determine if it is new, unique and patentable under relevant legislation.

If during this examination of a patent application, concerns or issues are raised, the examiner will prepare an examination report outlining these. Understanding how to respond to an examination report is complex and IP Australia is not allowed to offer legal advice on how to overcome the objections.
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I Have Received An Examination Report, What Now?

If you receive notice of an examination report following your submission of a patent application, it is important not to ignore it. If you fail to respond to an examination report your application for a patent will lapse and you may lose the option for patent protection.

These reports do not indicate a failed application and you are provided with an opportunity to address any concerns raised.

Failure to respond to a patent examination report and make the necessary changes or make appropriate arguments to your application will, however, see it lapse.

You have 12 months from the date the examination report is issued to overcome any issues and request the examiner reassess your application in light of your submission. If further issues are raised, additional time will also be given to resolve these but these may incur additional government fees. It is best to address all objections as early as possible within the 12 month deadline.
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The Australian Patent Examination Process

The patent examination process in Australia is handled by IP Australia, the governing body for intellectual property.

Examination of a patent is initiated by the applicant and can be requested at any time within 5 years of the original filing date. IP Australia can also direct the applicant to request examination within a 2 month period at any time before 5 years from the filing date of the application. If you fail to request examination by any deadline set by IP Australia then your application will lapse and you may lose the ability for patent protection.

An examination fee must be paid and additional fees may apply if you need to make amendments to your application once the examination has been requested.

Most applications are examined within 12 months of the request being made, though expedited examinations can be requested under special circumstances.

This process, while challenging at times, is intended to protect inventors and their IP against infringement and ensure that only truly inventive and novel ideas are patented.
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Can I Respond To An Examination Report Without Help?

While you can respond to an examination report directly, it is not recommended to do so.

Engaging the support of a patent attorney is considered best practice as this ensures all concerns raised are properly managed and corrected before re-examination.

Without an adequate understanding of patent law and how to overcome issues, it is possible to receive continued examination reports.

This is not only stressful but it also further delays the securing of your patent and proper protection of your valuable intellectual property.

Having a patent attorney oversee the examination report and advise you on what to do next ensures greater success on resubmission and faster processing of your patent overall.
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IP Guardian - Qualified Patent Attorneys

Combining decades of experience, the team at IP Guardian offer extensive experience in all aspects of patent law.

Whether you require help with an examination report following an application you’ve made yourself or hope to start the process with us, we offer unmatched advice and service.

Dedicated and professional, we work to ensure the process of applying for your patent or responding to an examination report is as stress-free and straightforward as possible.

Committed to making qualified legal advice both accessible and affordable, we make it easier for Australian inventors to secure protection for their valuable IP.

Guaranteeing zero compromises on quality service and outcomes, IP Guardian is the team you can trust to handle every stage of securing your patent.
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