Australia Patent Requirements
Patent in Australia: In order to apply and file for a patent in Australia you need to provide 1. Patent Information, and you need to send to the Attorney the 2. Power of Attorney for Australia and the 3. Assignment Document if required.
1.- Australia Patent Filing information
Direct National Applications or Convention Applications (claiming priority)
1. Our filled out patent order form.
2. Copy of the specification of invention including claims and drawings.
3. English translation (Specifications and Priority document).
4. Translation Statement (Simple)
5. Assignment Document in favor of the applicant, if applicant is different than the inventor.
6. Certified Priority Document with application number and country of origin. Before Examination commences.
For Applications based on International Applications (PCT)
1. Our filled out patent order form.
2. PCT publication and International Search Report.
3. Indication if Preliminary Examination has been taken (Chapter II).
4. English translation indicating if there has been any amendment to the PCT original filing.
5. Translation Statement (Simple).
6. Assignment Document (If applicant is not the inventor)
Exam:
A Request for Examination must be lodged on this application within 5 years of the international date otherwise the application will lapse. The request can be lodged voluntarily or following the direction of the Australian Patent Office who may direct the filing of the request on 6 months notice. Lodgment of a voluntary request does not guarantee earlier examination and thus the normal course is to await the direction of the Australian Patent Office.
If an PCT application has corresponding applications that have proceeded to grant in either the USA, Canada, New Zealand or a country that is a signatory of the European Patent Convention (eg. the UK) it is possible to request 'modified examination'. Requesting 'modified examination' would result in the Australian patent being identical to the corresponding granted patent. In requesting 'modified examination' it is necessary to lodge an amended specification, including a statement of changes between what was lodged for the Australian application and what was finally granted for the corresponding overseas application. It is also necessary to lodge a certified copy of the corresponding granted patent.
Renewal fees:
Annuities have to be paid after the fifth year of the PCT International date. The international date becomes, upon grant of a Letters Patent on the application, the registration date of the Letters Patent, the full term of the Letters Patent being 20 years from the registration date.
2.- Power of Attorney
No Power of Attorney is required
3.- Patent in Australia
Concession of the Patent Grant: 20 years
Concession of the Utility Model or Design Application: 15 years
Member of the Paris Convention: Yes
Australia is a Member of the PCT: Yes
4.- Application Process
1. Patent Filing a
2. Preliminary Exam
3. Patent Publication: 18 months from the priority date
4. Formal Examination Request: Before 36 months from the filing date. Must be requested after 60 days from the patent publication date.
5. 90 days to respond office action from the formal examination.
6. Acceptance or rejection
7. Payment of the Final Taxes and Title.