There is no legal requirement for patent searches before filing a patent application. However, it is always good practice to do some level of searching before investing significant funds in developing and manufacturing your invention. It will also help you to determine whether you are infringing someone else’s IP. If you find patents similar to yours you may develop technologies that are clearly distinguished from the known patents.
FREE SEARCH DATABASE
There are a few reliable online resources where you can conduct a search for free. See our Free Search DB page. Be aware that effective use of these databases is not a simple or straightforward task so it is prudent to engage a patent attorney or other IP professionals to aid you in the search.
PRELIMINARY PATENT SEARCH
If you want us to conduct a patentability search, please send us details of your invention to email@example.com. At a reasonable cost, we will search Australia Patents Register and various international patent databases online for you to discover any relevant prior art.
OFFICIAL PATENT SEARCH
Once a provisional patent application is filed, it is recommended that an International-Type Search is requested with IP Australia. The search is performed by IP Australia and is essentially similar to a PCT International Search identifying the prior art relevant to the patentability of the invention, establish an international search report, and provide a written opinion on the invention’s potential patentability. This will not only give you a head-up ideas what you will be facing during the PCT stage but also a chance to amend your patent application and distinguish any aspects that are not included in the prior art.
For more information, call us today on +61 2 9233 1411 or send us an online enquiry.