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Phone: +61 2 9264 6716
Email: mail@BaxterIP.com.au

 

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"I contacted Baxter IP following a previous fruitless, lengthy and expensive experience with one of the large specialist IP firms in a previous business.

I have now engaged Chris from Baxter IP for two projects, one simple, and one complex. In both cases Chris has demonstrated his talent for rapidly gaining a depth of subject understanding and a grasp of the important issues prior to producing and lodging highly regarded patent documents.

I have no hesitation in recommending Baxter IP."

Bruce Johansson
GreenPlug

 

"We recently engaged Baxter IP to manage and direct our Intellectual Property needs. We found Chris to be very responsive, committed and diligent in his approach to providing us with direction to matters that became urgent. Chris demonstrated that he could offer creative solutions to solve problems and meet some very tight deadlines. To achieve this it is evident that Chris has valuable skills and knowledge that can only be gained through extensive experience. Chris is currently preparing a global strategic direction for the Popcake suite of products. Chris comprehended future issues, and there are numerous conflicting factors, and reported these to Board of Directors without ambiguity and clear future corporate direction."

Marek Szymanski
Managing Director
www.popcake.com

 
  

You are here » Patent » Complete Patents

Complete Patents

To attempt to obtain patent protection in a given country, it is necessary to file an individual patent application in that country.  In order to maintain the priority date of a provisional application, it is necessary to establish a filing date in the countries of interest within 12 months of filing the provisional application. There are two ways to establish this filing date:

1. By filing individual complete patent applications directly in the countries of interest.
2. By filing a Patent Cooperation Treaty (PCT) International Patent Application followed by individual complete patent applications in the countries of interest.

In relation to Option 1, if you intend on filing several individual patent applications, filing costs will be significant. Since most inventors and small companies are not in a position at the 12 month point to afford these filing costs, Option 2 is the normal choice. To learn more about Options 1 & 2 please read on.

Option 1: PCT Application

A PCT application establishes a filing date in about 130 countries which are signatories to the Patent Cooperation Treaty (PCT). These countries include most industrialised countries but with a few exceptions (e.g. Argentina, Chile, Taiwan, Thailand, Pakistan, Uruguay and Venezuela).

One advantage of proceeding with a PCT application is that the deadline for filing individual complete patent applications in the countries of interest is delayed by up to a further 18 months (i.e. 30 months from the priority date). Consequently, the significant costs associated with these individual applications are also delayed.

Option 2: Direct Filed Applications

The second option involves directly filing individual complete patent applications in the countries you elect. Once a patent has been granted, you have an enforceable right in the country in which you have obtained grant.

The patent examination procedure is stricter in some countries than others. For example, it is generally more difficult to have a patent accepted in the United States or Europe than in Australia. Baxter IP specialises in international protection and so tailors it's clients' patent applications for examination in the United States and Europe.

A patent lasts 20 years in most countries and annual renewal fees are payable to the relevant patent office throughout the life of the patent. It should also be noted that your patent application will be published (i.e. disclosed to the public) at 18 months from its priority date.

In order to help you understand these processes, please click on the flow chart you want to view below:

• Flowchart A illustrates some of the broad steps associated with obtaining a portfolio of patents worldwide
• Flowchart B illustrates the procedures associated PCT patent applications
• Flowchart C illustrates the procedures associated with obtaining an Australian patent