Fresh international searching options for Australian patent applicants

Australian applicants can request IP Australia to perform an Article 15(5) 'international-type' search based upon an existing Australian provisional patent application. This is economical (cost: $1100) and significantly helpful before electing whether or not to file an international patent application. Once an international patent application is filed, either IP Australia or Korean IP Office (KIPO) can be elected as the International Searching Authority.

The only caveat is that the international-type search is not definitive, complete or binding. There is certainly some possibility that more relevant prior art will come to light through further searching by other national patent offices.

The coming availability to access the European Patent Office (EPO) as an international searching authority is a significant development for Australian innovators. Europe is often a significant commercial market, and the EPO is highly well regarded for its searching competence. The results of using EPO as a searching authority will give clear advance notice of how EPO will treat an international application should it proceed in Europe. When the European market is a critical destination, EPO searching makes sense as patent strategy can be tailored to best suit this critical market.

Similarly, Singapore is also very well regarded, and provides a welcome alternative to the existing options of IP Australia, Korean IP Office (KIPO), and soon EPO.