What are the classification and characteristics of Australian patent applications?
1. What are the classification and characteristics of Australian patent applications? 1. The classification of Australian patents is similar to that of China, and they are divided into three types, namely, standard patents, innovation patents and design patents. 2. (I) Characteristics of Australian Innovation Patents Australia's innovation patents were established according to the Amendment to the Patent Law adopted in June 2000 +065438+ 10 and implemented on May 24 of the following year. It is a new system that completely replaces the original small patents. The purpose of establishing this new system is to better protect the interests of some small and medium-sized enterprises with low creativity and little intellectual property budget in a fast and economical way, and adapt to the short life cycle of IT products in the market. Compared with the original small patent, innovative patent has many different characteristics, such as: an application for an innovative patent can put forward at most five claims, and the number of independent claims and subordinate claims is not limited, while the original small patent application can only have one independent claim and two subordinate claims; The longest protection period of innovative patents is 8 years, while the longest protection period of original small patents is 6 years. In practice, the number of patent applications in Australia has not increased significantly because of the implementation of the innovative patent system. For the applicant, the application for innovative patent is often only for the consideration of litigation strategy, and it is a means to cooperate with the standard patent application to obtain basic patent protection as soon as possible. (II) Characteristics of Australian design patents: Australian design patents are examined after registration, that is to say, only formal examination is conducted before registration, but the rights after registration are still pending. After the Australian design patent is registered, it will not directly issue a certificate, but only give the right to mark the words "registered design" on the goods using the design. Only through substantive examination can the applicant obtain a certificate that has passed the examination, and clearly claim the exclusive right to his own design, including tort litigation. In addition, anyone can ask the design department to conduct a substantive review of the design, that is, the review of novelty and uniqueness. Do not meet the conditions, cancel the original registration. Second, the validity period of the Australian patent application: (1) The first thing to say is the standard patent: within 20 years from the date of application, its protection is the strongest and most effective. (2) Secondly, innovative patents: valid for 8 years from the date of application, and can be authorized within 3 months after general application. (3) Finally, the design patent is valid for 10 year from the date of application, and will be registered once after the expiration of 5 years. In general, authorization can be obtained within a few weeks after application. With the continuous development of national economic level and scientific and technological level, more and more enterprises and citizens will develop new products. In order to further ensure that the products developed by ourselves are not infringed by others, the state also stipulates that the parties may apply for patent registration. After the registration of patented products, any enterprise or citizen shall not use or change them at will, otherwise it will be punished.