Stage 2: International-type Patent Search
“An International-Type Search” (ITS) is a form of patentability search performed by IP Australia. In performing this search, IP Australia reviews your patent application and then searches the prior art to provide an opinion on whether they think your invention is new.
The main benefit of IP Australia performing this search is that they are the same Government body that will be examining your patent application in later stages of the patent process. These searches also tend to be more cost-effective than private patent searches performed in-house.
Whilst an ITS is an optional process and does not affect the validity of your provisional patent application, we generally recommend it. If relevant prior art comes to light as a result of the ITS, we can make amendments to your next stage PCT International Patent Application to attempt to overcome the prior art. If you have had a detailed pre-filing search carried out, an ITS may not be necessary, however, your patent attorney will provide recommendations in this regard.
Sometimes prior art identified by IP Australia during an ITS is identified incorrectly and your attorney is best placed to assess the relevance of prior art to your invention. Your patent attorney can also work with you to find ways to circumvent prior art identified.
We can have the results of the ITS and our brief review to you within 5-8 weeks of requesting the ITS.
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