Patent Overview

A patent is a monopoly right for an invention granted to a patentee for a limited term, typically twenty years.

An invention in this context is a new and non-obvious solution to a problem having some technical merit. Inventive subject matter can range from devices and apparatus to methods and systems.

In exchange for this monopoly right the patentee defines the invention within a set of claims so that others may know the extent of the monopoly.

Furthermore, the invention must be described in sufficient detail so that others skilled in the same technical area could themselves theoretically implement the invention. All this information is contained within a document called a patent specification.

Before entering into the process of applying for a patent for an invention, we suggest to every inventor or innovator should undertake at the very least their own  Preliminary Patent Search.

This process can be undertaken by an individual or through others in many different ways and a few are listed from the bottom of the menu panel on the right hand side of this page.

Types of Specification

There are two main types of patent specification which perform different roles within the patent system.

The first of these is the provisional specification whose primary function is to obtain a priority date for an invention so that the patent applicant can commence commercial negotiations or otherwise disclose the invention.

A provisional specification should contain a summary of the invention and describe at least one embodiment. It is not necessary to include claims.

The second type of specification is a complete specification which is usually lodged within one year of the provisional specification thereby retaining the priority date of the provisional specification.

A complete specification may relate to an Australian, and/or International application/s and requires at least one claim which defines the invention.

As the complete specification retains the priority date of the provisional specification it must essentially describe the same invention.

Summary of the Invention

In this section of the specification a broad statement of the invention is outlined. It is important to realise that generally the less features spelt out in this statement the broader the definition and therefore the broader the scope of any claim based on this summary. Conversely it is also important to include sufficient features to at least arguably distinguish the invention over the prior art.

Description of an Embodiment

This part of the specification satisfies two main requirements.

Firstly, it describes an embodiment or embodiments of the invention in enough detail so that a person skilled in the technical area could implement the invention.

Secondly, the description of the embodiment/s provides further subject material for possible changes to the claims should these be necessary during examination.