Standard and innovation applications - what to include


Your innovation or standard patent application should include:

Standard Patent Application paper form PDF [ pdf 426 KB]

Innovation Patent Application paper form Part A PDF [ pdf 439 KB]

Innovation Application paper form Part B PDF [ pdf 431 KB]

Online application checklist

To complete an online application you will need to bring together the following information. This information needs to be supplied for your application to be submitted online.

  • Names, addresses and contact details for all patent applicants
  • Name of the invention and the names of all of the actual inventors
  • Related application numbers and application dates if you are entitled to file the application as a Divisional application, claim priority on the basis of one or more associated provisional applications or claim priority for an earlier basic application
  • Deposit number(s), deposit date(s) and institution(s) concerned if the application relates to a Micro-organism and relies on Section 6 of the Act
  • Application or patent number of the main invention if this application is for a Patent of Addition
  • Specification description (in English) that can be supplied to us as text typed or pasted into the form (up to a limit of 3500 characters for each area) or as one or more files attached to the application. Accepted file types are Text (.txt), Adobe Acrobat PDF (.pdf), JPEG (.jpg) and TIFF (.tif).
  • You must pay your filing application fee using a Credit Card (MasterCard. VISA only).

Other information you will be asked for it optional at this stage. However, it must eventually be supplied for your application to be processed. 

  • Specification claims and specification abstract that can be supplied to us as text typed or pasted into the form or as one or more files attached to the application
  • Specification drawings as one or more files attached to the application

More information about submitting a patent application online.

What a complete specification must include?

A complete specification is the basis for your patent. It must:

  • fully describe your invention so that others could reproduce it from the information given
  • give the best method of performing your invention
  • end with a claim or claims that define the invention the patent is to cover
  • be in English
  • be on single-sided A4 pages
  • have separate pages for claims and drawings
  • not include photographs
  • allow sufficient margins (i.e. at least 2.5 cm) around the edges of all pages.

What a claim should include?

Your specification must contain claims. A claim is a statement describing your invention. A claim should:

  • be written as a single sentence
  • define clearly what you are seeking patent protection for; the words of your claim must distinguish your invention from what is already known
  • set out all the characterising technical features of your invention
  • be consistent with the description.

For a standard patent you can have any number of claims. A certified innovation patent can have only five claims.

Please note that a standard patent application with more than 20 claims at acceptance will incur additional fees.

Independent claim

An independent claim is one that does not refer to any other claim. It must define those features that are essential to the invention.

A standard patent application can have more than one independent claim but they must all relate to the same invention. For example, if your invention is a new product you may be able to include independent claims for the product, a new process specially adapted to make the product, and perhaps a new apparatus to carry out that process.

Dependent claim

A dependent claim makes explicit reference to one or more previous claims.

You should ensure that the introductory words of each dependent claim refer to the whole of the earlier claim. This is usually achieved by repeating the introductory words of the independent claim and referring to the claim by number.

The extra features specified in dependent claims would be those that you consider desirable or optional, but not essential, to your invention. They are sometimes used as a safeguard just in case the invention in the independent claim is not new, or the independent claim is shown to be invalid after a patent has been granted.

They may also be of value when negotiating a licence agreement with a manufacturer.

Omnibus claim

An omnibus claim is one that claims the most preferred form of your invention with reference to the description and/or drawings.

Don't try to claim too much

Your claim must be reasonable and define only one invention.

If you try to claim too much, it may be difficult to obtain, or at least defend, those rights. If you claim too little you may miss out on valuable opportunities.

Because they determine the scope of the monopoly given by a patent, claims must:

  • be clear and concise
  • distinguish your invention from what is already known.

Poorly worded claims can be confusing and completely miss the true 'inventive step' in your technology.

Patent attorneys are experts at writing claims, which is why you may consider using their services.

Drawings

You should use drawings wherever possible to help describe your invention.

Drawings must be in black ink and drawn using either drafting instruments or computer software.

Significant features of the drawings should be clearly labelled by number(s) and described in the body of the specification.

Abstract

You should include an abstract at the back of your specification. This is a brief summary of your invention that will help the reader to quickly identify the key features.

What if I omit something or want to change it?

You are able to amend your patent application in certain circumstances.

Some amendments require you to supply evidence and others require us to advertise the amendment for a period of opposition. 

 

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Last Updated: 02/5/2012