The most common reason a patent is considered hard-to-get is that it is too similar to a previous invention. When a new concept is similar to a previous invention, patenting can be very difficult, because patents must be new and non-obvious in relation to prior art.

The strategy for obtaining hard-to-get patents is to maximise distance from prior art.

Technology Outcomes’ Process Of Obtaining Hard-To-Get Patents Involves:


Patent Searching

We will conduct a patent search to obtain detailed information about related prior art (e.g. from world patent databases)


Understanding the Technology

We will read and analyse information about your invention using your in-house laboratory and workshop results


Creating the Patent Narrative

We will devise a patent protection strategy and a patent narrative that will have the maximum distance from prior art


Confirming the Patent Narrative

We will recommend experiments that prove distance from prior art to help you obtain patents in Australia and around the world

This is often the most effective strategy for overcoming objections by patent examiners and obtaining stronger patents.

Example Of Technology Outcomes Obtaining A Hard-To-Get Patent For A Client:

A client designed a drone with an attached hopper and camera to enable the distribution of herbicidal granules to targeted weed infestations (part of a precision farming initiative). This concept was described by several prior art patents, and the challenge was to find a fresh patent narrative to form the basis of a new patent application.

A key problem was granule bridging in the hopper, leading to sporadic (rather than uniform) granule application rates.

A close inspection of client workshop data showed that one hopper configuration included an eccentric shaker device that was somewhat better than other configurations. Experiments were proposed to quantify granule flow rate from the shaking hopper across a range of shaker designs, and an improved shaker mechanism was found that had not previously been used.


30 years experience in technology development and IP procurement

Cost Effective

Streamline your interaction and spend less time with higher cost patent attorneys

Understand Patent Examiners

Fighting with a patent examiner is pointless. We know how to work alongside them to get the best results

Patent Narrative Experts

The patent narrative we develop will distance your technology as far as possible from competitors

IP and Commercialisation Background

No one has more experience in both IP protection an Technology Commercialisation

Clear Communication

Understand the costs and process of technology patenting. We understand the inventor perspective as well as the patent attorney perspective

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We are excited to find out more about your technology package and where it sits in the commercialisation pathway! Please don't hesitate to make contact so we can chat, zoom or grab a coffee!

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