The Patent System Step 1 Who can Apply? – Page 311 S29(1) Any person can apply for a patent but a patent may only be granted to an – eligible person under s15(1) and an application should nominate such a person as the ultimate recipient of any grant. S15(1) The potential grantee must be a person who: – Is the inventor Would, on the grant of a patent for the invention, be entitled to have the patent assigned to them; Derives title to the invention from either of the above; Is the legal representative of a deceased person who falls into one of the previous categories. S31 & 63 It is possible to make joint applications and hold a patent jointly. – Step 2 The application process ? – Page 311 Provisional Application S29(2) (4) The application must be either a provisional application accompanied – – by a provision specification or a complete application accompanied by a complete specification. S40(1) A provision application is made where the applications wishes to secure a – date’ as soon as possible. ‘priority A provisional specification need only the invention’ with the ‘describe application then having 12 months in which to lodge a complete application in the relation to the same manner (s38). Complete Specification S40(2) (4) - A complete specification must provide more detailed information. It – must fully describe the invention including the best method of performing it known to the applicant, and end with a claim or claims defining the invention. International Applications Goto Page 313 of the Text
The Patent System Step 1 – Who can Apply? Page 311 S29(1) – Any person can apply for a patent but a patent may only be granted to an eligible person under s15(1) and an application should nominate such a person as the ultimate recipient of any grant. S15(1) – The potential grantee must be a person who: Is the inventor Would, on the grant of a patent for the invention, be entitled to have the patent assigned to them; Derives title to the invention from either of the above; Is the legal representative of a deceased person who falls into one of the previous categories. S31 & 63 – It is possible to make joint applications and hold a patent jointly. Step 2 – The application process ? Page 311 Provisional Application S29(2) – (4) – The application must be either a provisional application accompanied by a provision specification or a complete application accompanied by a complete specification. S40(1) – A provision application is made where the applications wishes to secure a ‘priority date’ as soon as possible. A provisional specification need only ‘describe the invention’ with the application then having 12 months in which to lodge a complete application in the relation to the same manner (s38). Complete Specification S40(2) – (4) - A complete specification must provide more detailed information. It must fully describe the invention including the best method of performing it known to the applicant, and end with a claim or claims defining the invention. International Applications Goto Page 313 of the Text
Patents.docx