IP Australia Launches Enhanced Patent Search with Online File History

The enhanced Australian patent search system, AusPat v2.0, has now gone live!

As we reported last November (see IP Australia Announces Upcoming Launch of Full Text Patent Searching), a beta version of the new system has been in operation for a few months, providing full-text searching of approximately 50% of IP Australia's full collection of patent documents.  Subject to a few exceptions (see below for further details), the release version provides full text searching of Australian patent specification dating back to 1904.

The other enhancement included in AusPat v2.0, which was foreshadowed by IP Australia last August (see Coming Soon: Online Access to Australian Patent Prosecution Histories), is the provision of online access to documents relating to the prosecution of patent applications dating back to 2006 and which are open to public inspection (OPI). 

'eDOSSIER' ONLINE PROSECUTION HISTORY

The prosecution history system, which IP Australia has called eDossier, enables the download of documents relating to a patent or application, including:

1. requests for examination ;
2. examination reports;
3. responses to examination reports;
4. amendments; and
5. search results.

One interesting point we have noted is that the online search results information consists of an IP Australia Search Information Statement (SIS) document, that is not currently provided to patent applicants when an examination report is issued.  This document includes details of the examiner's search strategy, and a listing of documents identified in the search, but not relied upon in any objection in the examination report (i.e. category 'A' documents).

This could be pertinent, in particular, to meeting the requirements of foreign patent offices (particularly the USPTO) to disclose pertinent prior art information and/or to provide copies of search reports issued by other patent offices.  Now that this additional search information is publicly available, it would be at the very least prudent to obtain and disclose it to those patent offices having these types of requirement.

This enhanced search information will also be relevant when making requests for acclerated examination under a Patent Prosecution Highway program (e.g. at the USPTO) based upon accepted Australian patent claims.

GAPS IN FULL-TEXT DATA

IP Australia has indicated that a few gaps currently remain in the full-text patent specification records, and that they are working to fill these gaps.

A document will shortly be released listing all the affected applications.  The document will provide some basic bibliographic data that can be used to identify gaps specific to particular technology groups, and will be searchable..

Additional support documentation for the enhanced system is located in the AusPat v2.0 Help function.

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Before You Go…

Thank you for reading this article to the end – I hope you enjoyed it, and found it useful.  Almost every article I post here takes a few hours of my time to research and write, and I have never felt the need to ask for anything in return.

But now – for the first, and perhaps only, time – I am asking for a favour.  If you are a patent attorney, examiner, or other professional who is experienced in reading and interpreting patent claims, I could really use your help with my PhD research.  My project involves applying artificial intelligence to analyse patent claim scope systematically, with the goal of better understanding how different legal and regulatory choices influence the boundaries of patent protection.  But I need data to train my models, and that is where you can potentially assist me.  If every qualified person who reads this request could spare just a couple of hours over the next few weeks, I could gather all the data I need.

The task itself is straightforward and web-based – I am asking participants to compare pairs of patent claims and evaluate their relative scope, using an online application that I have designed and implemented over the past few months.  No special knowledge is required beyond the ability to read and understand patent claims in technical fields with which you are familiar.  You might even find it to be fun!

There is more information on the project website, at claimscopeproject.net.  In particular, you can read:

1. a detailed description of the study, its goals and benefits; and
2. instructions for the use of the online claim comparison application.

Thank you for considering this request!

Mark Summerfield

Tags: Australia, News, Patent Office