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IPA patent 3.1-quality
IPA patent 3.1-quality — IP Australia Patent Manual of Practice and Procedure – 3.1 Quality
Beta. Legal information, not legal advice. LEGALDIGM is not a law firm. Check the official source for the current text.
Also in this Chapter:
3.2 Customer Service Charter (Timeliness Standards)
3.3 Efficient Examination
3.4 Assisting unrepresented (private) applicants
3.5 Staff Delegations, and Restrictions on Providing Customer Assistance
Key Legislation
ISO 9001 standard
On this Page
Overview
Patent Quality Standards
Quality Assurance
Overview
IP Australia has a Quality Management System that is governed by the ISO 9001 standard and is independently assured through external certification.
By utilising a Quality Management System, IP Australia is committed to the continual monitoring and improvement of our products and services. Continually monitoring of our work allows for problems to be identified and addressed as they occur. Effective quality management also allows us to make continual improvements in the way we operate to ensure better outcomes for our customers.
Patent Quality Standards
A major component of our Quality Management Systems is an internal quality review process involving an independent assessment of a sample of work against our Quality Standards.
Our Quality Standards are informed by three Quality Objectives which serve to provide a shared understanding of what quality means and a framework in which we apply the quality standards and provide a guidance to future development in examination practice. The objectives are:
Stakeholders/Customers have confidence in our decisions
Our services and products demonstrate a professional approach
The information we provide is useful for stakeholders
These Objectives have been used to inform the following Quality Standards which Patents applies when quality reviewing work:
Searching
S1. Searching is considered at each stage of prosecution and where necessary, performed to the required level.
S2. Effective search strategies are adopted.
S3. The most relevant prior art is identified.
Examination Reporting
E1. Necessary objections are raised.
E2. Clearly invalid objections are not raised.
E3. Basis of the objection(s)/report is clearly set out.
Examination based on Foreign Examination Reports (FERs)
EF1. FERs are validated and used appropriately.
Quality Assurance
In addition to our Quality Management System, IP Australia implements various Quality Assurance procedures. These are a less formal review of work, normally performed within section and based on the risk of or impact of errors on our customers and stakeholders. Quality Assurance is generally performed by experienced examination staff such as senior and supervising examiners.
The following is a list of products IP Australia may apply a Quality Assurance process to before dispatch. The list is not exhaustive, and sections may different criteria as they see fit.
3rd and subsequent reports, to ensure the application is being progressed efficiently and effectively.
ISR/ISO, IPEOs, Article 15(5)s, and other International work, because High Quality International work is important for the reputation of IP Australia as an International Searching Authority and can have a significant impact on downstream decision making for our applicants.
Amendments to a Granted patent, because any potential change in the scope of a granted patent can adversely impact the public.
Re-examination tasks, because there is a greater risk of impacting the rights of both the applicant and the public.
