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Australia

  • International Country Code:

    AU
  • Time Zone:

    UTC/GMT +10:00
  • Currency:

    Australian dollar (AUD)

Patent in Australia (non-PCT)

Australia
from 1170.00
Total Number of Claims
Number of Priorities
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  • Patent fees

Fees associated with filing patent applications in Australia as well as other patent fees are available in the fee calculator.

  • Term for filing a patent application in Australia

The term for filing an application for Australian patent claiming conventional priority is 12 months from the priority date. The restoration of this term is possible in case the failure to meet the deadline was due to error, omission or circumstances beyond the control of the person concerned or situations where in spite of an applicant taking due care, the required action still could not have been carried out. There is no fixed term for the deadline restoration, but restoration must be sought without delay as soon as the failure to file the application in time has been detected.

  • Filing requirements in Australia

The official language of an Australian patent application is English. If an application is filed in a language other than English, it is highly recommended to submit English translation at the time of filing. However, late filing of an English translation is possible within two months from the notification by the Commissioner.

To obtain a patent in Australia, an application must contain at least:
- request to grant a patent;
- applicant’s details;
- information that appears to be a description;
- filing fee.

A certified copy of the Priority Document is only required on request of the Australian Patent Office or a third party.

Currently, Australian legislation does not require filing a Power of Attorney when filing a patent application.

If the applicant is not the inventor, it is required to file the Assignment Deed.

  • Examination of an Australian patent application

Patent applications in Australia undergo formal and substantive examinations. Examination of a patent application in Australia must be requested within two months from issuance of an invitation to request examination or within five years of the filing date, whichever comes earlier. It is possible to request accelerated examination under PPH.

  • Novelty grace period

An Australian patent application may be filed within 12 months after the disclosure made publicly available by or with the consent of the nominated person or patentee, or the predecessor in title of the nominated person or patentee, if:
- the invention was shown, used or published at a recognised exhibition;
- the information as to the invention was read before learned society or published by or on behalf of learned society;
- the information has been made publicly available because the invention was worked in public;
- the working of the invention was for the purposes of a reasonable trial of the invention.

Furthermore, if any information became publicly available without the consent of the nominated person or patentee, through any publication or use of the invention by another person who derived the information from the nominated person or patentee or from the predecessor in title of the nominated person or patentee, it does not disprove the novelty of the invention in Australia.

  • Grant, validity term and patent maintenance fees

Official fees for granting should be paid within 3 months from the date when Notice of Allowance was received. Standard patent duration in Australia is 20 years from the filing date. Annual fees are due each year starting from the 5th one and should be paid before the expiry of the 4th anniversary of the filing date. Late payment is possible within a six-month grace period by paying a corresponding surcharge for each lapsed month or part thereof.

  • Duration of registration procedure

In case of smooth patent registration process in Australia, the whole procedure takes approximately 4-5 years.

  • Utility Model 

Utility model protection is not available under the Australian legislation. There is an innovation patent system instead of Utility Model in Australia. Innovation patents are subject to formal examination only, however, substantive examination of an innovation patent will only occur if requested by the patentee, a third party or if the Commissioner of Patents decides to examine the patent. Human beings, the biological processes for their generation, mental processes and naturally occurring nucleic acid sequences are not protectable. An innovation patent must contain a maximum of 5 claims (all of which can be independent). They are typically granted within a month of filing the complete application and are valid up to a term of 8 years

  • Representation by a patent attorney

For foreign patent applicants, it is recommended to perform patent prosecution in Australia using an agent - a registered Australian and New Zealand patent attorney.

  •  Note

Online Search Database for Australian Patents Search.

Brief summary is based on the information provided by PIPERS on 08.01.2019
Please contact us if the above information contains any discrepancies with Australian IP Laws

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