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Australian Patent Protection Services

Increase the strength of your patents and the success rate of getting your patents granted compared to working with a patent attorney alone


Concept of patent strategy for patent protection services offered by Technology Outcomes Australian patent protection consultants

Technology Outcomes are a leading Australian based patent protection consultancy with expertise in obtaining hard-to-get patents. Groups working with us have a significantly higher success rate in getting patents granted compared to when they work with a patent attorney alone.

Using an expert patent protection consultant will allow for more time to be spent on the foundation of your patent, more time spent researching prior art that patent examiners will reference, more efficient packaging of your invention to reduce patent attorney time and more time spent in pre-empting the patent examination process in order to reduce downstream costs and complications.


Benefits of using Technology Outcomes as your patent protection expert:

  • Achieve a higher success rate in getting your patent granted, especially hard-to-get patents

  • Obtain broader patent claims, leading to a more significant commercial monopoly for your invention

  • Reduce downstream patent protection costs and the number of downstream complications with patent examiners

  • More time spent on the foundations of your patent

  • More time spent researching prior art that the patent examiner will reference

  • We are the ideal communication bridge between technology developers, patent attorneys and patent examiners

  • Expertise spanning 30 years of technology development, patent attorney negotiation and patent procurement


Below: We discuss the benefits of using Technology Outcomes patent protection process in combination with a patent attorney


Standard Patent Attorney Process


1

Write Patent Text

A patent attorney will begin by writing down your description of the invention.

2

Lodge Patent Application

Your patent will be entered into the patent system.

3

Respond to patent examiner

Your patent attorney will respond to obstacles raised by the patent examiner.


Note: Examiners often raise significant objections after the deadline for making substantial patent changes has expired.


Using the Technology Outcomes patent protection process, much more effort is devoted to anticipating likely patent examiner objections. This will increase the likelihood of obtaining patent claims, the broadness of these patent claims and will significantly reduce downstream complications and costs.


Technology Outcomes Patent Protection Process


1

Verify the Value Proposition of Your Patent

We will look at the numerous risk factors in the commercialisation pathway specific to your invention and discuss the risks and the rewards of protecting your new technology with a patent.

We will synchronise your patent application process with your market entry plan – this is important as it will inform you of the cost requirements and the strict timing of patent office payments that will be required for you to get your patent granted in different territories.
payments that will be required for you to get your patent granted throughout different territories in the world.

2

Anticipate Numerous Downstream Patent Obstacles

Often patents are written without enough consideration of the numerous downstream issues that will arise when dealing with patent examiners.

Upon reviewing your patent, the patent examiner will attempt to locate prior art that is close to your invention and attempt to limit your patent claims (restricting how broadly your invention is protected).

Unfortunately when the patent examiner brings up their first round of rejections it is too late to make substantial changes to your patent. This is why it is important to anticipate the patent examiner’s response when changes to your patent can be made.

The time just before lodging a provisional patent application and the 12-month period after lodgement of the provisional application is the flexible period when substantial modifications to a patent application can be made with minimal constraints from patent procedural rules.

The first step in making the most of the flexible period is to anticipate the obstacles that are likely to arise in the patenting process.
Anticipation of downstream patent protection problems involves:

  • Identifying multiple pieces of close prior art (ie similar inventive ideas) from world patent and technology databases that the patent examiner is likely to reference.

  • Identifying low-cost experiments to categorically demonstrate to the patent examiner that your new invention is different from prior art.

  • Comparing and contrasting alternative patent narratives that maximise distance of your invention from prior art.

3

Identify Close Prior Art

Inventors are not the best people to identify close prior art, because they have a strong vested interest in the goodness of their invention.

Constructing a prior art landscape that consists of multiple pieces of close prior art that the patent examiner will reference downstream is a key service that can be provided by our patent protection service.

4

Nominate Low-Cost Experiments to Distance your Technology from Prior Art

The purpose of experimentation in patent procurement is to dramatize distance from prior art.

The strategic planning of a low-cost experimental campaign to support your patent application should be done by a patent protection consultant.

This service is rarely offered by patent attorneys and should not be carried out by in-house technologists because:

  • The objective is to deliver a “fail result” for the prior art that will satisfy a legal expert (the examiner) rather than a technical expert (the inventor)

  • Valuable existing in-house data owned by the patent owner is often overlooked because this data has been rejected during the process of refining the invention.


Developing a cost-effective experimental plan to increase the likelihood of broader patent protection is a key service offered by Technology Outcomes.

5

Consideration of Various Alternative Patent Narratives

The statements initially used to define an invention may not be the best statements for securing a grant of patent.

For example, an initial narrative for an invention might be:

“A method of making PVC window frames using a (new) phenolic antioxidant”.

This narrative may be problematic because the class of phenolic antioxidants is well known in PVC manufacture.
However, if lab work shows that use of the new phenolic anti-oxidant makes the PVC window frame more stain-resistant (as well as being a better antioxidant), a better patent narrative might be (depending on marketing strategy):

“Stain resistant PVC window frame comprising phenolic material.”


By changing the patent narrative in this way the patent was granted.


If the patent was written based on the first description given by the inventor a granted patent would have been unlikely.


The patent owner got a monopoly in a new market segment and was able to license this product in many territories.


This is a much better patent narrative because prior art in the field of stain resistant PVC is much more limited than prior art in the field of PVC antioxidants. Therefore, it is much easier to show distance from prior art if the narrative relates stain to resistance rather than standard anti-oxidant function.

It is almost impossible to change patent narrative after the flexible period (see above) has expired – therefore various alternative patent narratives should be considered early in the patent process.

Developing and prioritising a range of patent narratives is a key service that can be provided by a patent consultant.

6

Prepare Indicative Draft of your Patent for your Patent Attorney

We will prepare all relevant patent-related information prior to meeting with your patent attorney.
This will reduce your time and costs spent with a patent attorney during this early patent protection phase.

The most cost-effective way of using a patent attorney’s time is to start with an indicative draft of your patent.



Technology Outcomes Core Expertise

  • Intellectual Property Auditing

    Even if a patent is registered and paid for it does not guarantee that its contents are fit for your company’s market-entry purposes. Depending on the scenario a patent that looks to have secure claims may in face be easy to circumvent.

  • IP Due Dilligence

    IP due diligence in regards to patents is the process of examining the quality of a company’s patent or patent portfolio (this process can be extremely useful prior to buying a technology company or buying a license from a technology company). IP due diligence is also highly useful when planning to partner with a technology company.

  • Understanding How Patent Examiners Think

    We understand the patent examination process and how patent examiners think. Instead of trying to push through patents that have no chance of being granted we will change the patent narrative to align with the patent examiners mindset. This leads to a greater over all rate of success in obtaining hard to get patents.

  • Increase patent attorney efficiency

    Allowing Technology Outcomes to tailor your intellectual property package in co-operation with a patent attorney will reduce the overall costs of utilising a patent attorney. We will reduce the cost of tasks that a patent attorney does not need to do but would otherwise charge a much higher hourly rate to complete.

  • High level expertise in both technology development and IP procurement

    Technology Outcomes has the unique experience to act as a technology-to-patent professional facilitator as our background is based in both early phase private enterprise technology development and end-to-end patent procurement. Our team draws on the following experience:

  • Technical Information Experts

    A core expertise of Technology Outcomes is to investigate complex and voluminous technical information held by the client (in notebooks and lab reports and workshop reports) in order to develop a patent narrative with maximum distance from prior art.


Experienced

30 years experience in technology development and IP procuerment

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 areas of IP protection and 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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