Patent Drafting, Filing & Prosecution

At Davies Collison Cave, our team is dedicated to providing clients with IP drafting, filing and prosecution services that surpass expectations. We make sure that all patent applications are handled carefully, efficiently, and with appropriate technical expertise. With a focus on precision and innovation, we tailor our approach to each client’s unique needs, ensuring robust protection for their intellectual property. If you need assistance with drafting, filing, and prosecuting patent applications, be sure to explore our services.

Our Patent Drafting, Filing & Prosecuting Services

When it comes to patent preparation and prosecution, DCC provides the full range of services. These include giving pre-filing advice on patentability, drafting patent specifications in accordance with international best practice, filing applications in Australia and overseas, and prosecuting them through to grant. Ultimately, the best person to deal with a patent application is a DCC attorney.

Drafting, Filing & Prosecution Support

What Is Patent Drafting & Why It’s Important

Good patent application drafting provides a solid foundation for later prosecution and enforcement and involves outlining the unique features and functionality of the invention to meet legal requirements for patent protection. At DCC, we draft patent specifications in line with international best practice to prepare for domestic and international patent filings.

DCC prides itself on its ability to draft high-quality patent specifications that measure up to international best practice.

Drafting a new patent application requires a detailed technical understanding of the invention; a deep understanding of the commercial needs of the client; and knowledge of international best practice for drafting with the relevant technology. At DCC, we’re proud to have highly qualified practitioners covering all technological areas. In fact, over 50% of our attorneys hold PhDs and have post-doctoral experience. We are also able to assign resources best suited to our clients’ inventions, making the drafting of patent applications even more seamless.

Australian Filing Requirements

1. PCT National Phase Entry

The national phase entry deadline is 31 months from the priority date.

The following information and documents are required at filing:

The International Patent Application Number or the International Publication Number;
If the PCT application was not published in English, an English translation of the specification, including any amendments made before the establishment of the IPRP.

A copy of a translator’s verification certificate must be provided within two months from a Patent Office direction to do so.

2. Convention Application

The following information and documents are required at filing:

The full name and address of each applicant, and the full name of each inventor;
The application number, filing date, and country of each application from which priority is to be claimed; and
An English language patent specification, including claims and any drawings.

Verified English translations or certified copies of priority documents are not required at filing, though these may subsequently be requested by the Patent Office.

3. Examination

Examination of standard patent applications must be requested within five years from the filing date, or two months from the date that the Commissioner of Patents issues a direction to do so.

Applications are examined for:

novelty;
inventive step;
patentable subject matter (manner of manufacture);
sufficiency;
support; and
unity of invention.

Applicants can be provided with multiple opportunities to respond to Examiner objections, but regardless of the number of responses, the application must be accepted within 12 months of issuance of the first examination report.

If you need assistance with patent and IP law, our experienced and dedicated attorneys can help you navigate the complexities of intellectual property protection and ensure your innovations are fully safeguarded. Reach out to us today to learn more.