Patent Search in Australia – International-Type Search (ITS) Explained

What Is an International-Type Search (ITS)?

“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.

Why Conduct a Patent Search Before You Apply

Discovering relevant prior art early is one of the most effective ways to avoid wasted filing costs. If a search reveals that your invention, or something very close to it, has already been published anywhere in the world, you can make an informed decision before committing to the more substantial expense of filing an Australian patent application or pursuing international protection.

Search results also inform claim strategy. To be granted, a patent claim must generally define something that is novel, involves an inventive step, and constitutes patentable subject matter. Knowing what the closest prior art looks like allows your patent attorney to draft or amend claims that highlight the features which distinguish your invention, giving your application the strongest practical starting position. For a broader overview of the journey from idea to granted patent, see our guide on how to patent your invention.

Types of Patent Searches Available in Australia

The ITS is one of several kinds of patent search, each answering a different commercial question:

1. Novelty (patentability) searches assess whether an invention is new and non-obvious over the published prior art. The ITS is a novelty-style search performed by IP Australia on the basis of your provisional application.
2. Freedom-to-operate (FTO) searcheslook for in-force patent rights that your product or process might infringe in a particular market. An FTO search asks “can I sell this?” rather than “can I patent this?” — learn more about freedom-to-operate searches.
3. Patent family searches identify the international equivalents of a known patent or application, showing where a competitor has sought protection for the same invention.
4. Infringement and invalidity searches are typically commissioned in dispute scenarios, either to assess whether a product falls within the claims of a patent or to locate prior art that may affect the validity of a granted patent.

How to Search AusPat and International Patent Databases

You can carry out preliminary searching yourself using free public databases. For Australian records, IP Australia provides AusPat, a free patent search system that can be searched by keyword, applicant name, inventor name, patent number and patent classification. We have prepared a step-by-step walkthrough on our Australian patent search page.

Because patentability is assessed against prior art published anywhere in the world, an Australian-only search is rarely sufficient on its own. Free international databases include Espacenet (operated by the European Patent Office), Google Patents (fast, broad full-text searching) and WIPO PATENTSCOPE (which covers published PCT applications). Each has different coverage and strengths, and a professional worldwide novelty search will typically draw on several of them.

Patent Search Costs and Timelines

An ITS is generally a cost-effective option compared with commissioning a comprehensive private search, because the searching is performed by IP Australia's own examiners. IP Australia publishes its official charges on its patent timeframes and fees page, and your patent attorney will quote the professional fees for requesting the search and reviewing the results before you proceed. For a broader picture of budgeting across the whole patent journey, see our overview of patent costs in Australia.

We can have the results of the ITS and our brief review to you within 5-8 weeks of requesting the ITS.

How Baxter IP Uses Your Search Results to Strengthen Your Application

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.

The ITS is Stage 2 of the patent process stages we typically recommend. Because the results arrive before the 12-month deadline for filing a PCT international patent application, they can be used to refine the specification and claims of that next-stage filing — and, later, to anticipate issues that may arise during patent examination. In this way a relatively modest early investment can materially improve the strength and value of your eventual patent rights.

Speak With a Patent Attorney About Your Search

Ready to commission your patent search? Our patent attorneys can advise whether an ITS, a pre-filing novelty search or a freedom-to-operate search best suits your strategy, and can interpret the results in the context of your commercial goals. Contact Baxter IP to discuss the right search for your invention.