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examination process (expedited examination)
The examination process - expedited examination
You can get your Green patent examined more quickly
Examination of patent applications is normally carried out in the order that requests are received, which can take significant time. However, this process can be shortened. IP Australia offers a way of “fast tracking” an application to examination – this is known as “expedited examination”.
Is expedited examination best for you?
You should think carefully about whether expedited examination is in your best interests. Many applicants are happy to proceed to examination using the normal process because it provides them with time to develop and plan the commercialisation and marketing of their invention. This time can be used to determine whether their invention is commercially viable before committing to a greater financial outlay.
There are however circumstances when expedited examination may be helpful. For example, if seeking to enforce patent rights then a faster examination and grant may be preferred. Or an investor may require a granted patent before they are willing to invest in your invention (although some investors may be satisfied with just the filing of a patent application).
How do you request expedited examination?
You can request expedited examination in writing, setting out the reasons why you need your application to be considered more quickly. This can be requested after a patent application has been filed with IP Australia.
Eligibility for expedited examination will depend very much on the circumstances of the case in question however one reason that is deemed to be suitable is if the application is considered to be in the field of “green technology”.
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