Patent

Australia

BASIC FACTS

Patent Protected
Product Patent and Process Patent
Patentable Inventions as per Patent Act
Any device, substance, method or process that is new, inventive and useful; computer related inventions; business methods directly involving a physical form/device to bring about a useful product; artificially produced or modified organisms other than hum
Inventions not Patentable
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Non-Convention Application
Yes
Convention Application
Yes
PCT National Phase Application
Yes
Divisional Application
Yes
Patent of Addition
Yes
Patent of Importation (Patent of Introduction)
No
Others
Innovation Patent i.e. Utility Model
Utility Model Protection is provided under Patent
Yes
Type of Application
Convention Application and Non-Convention Application
Time Period
31 Months
Extended Deadline
N/A
Patent of Invention
20 Years
Utility Model Patent
8 Years
Design Patent
N/A
Extension of Foreign Patent
N/A
Exceptions (e.g. Pharmaceutical Patents)
Extension of up to 5 years for Pharmaceutical Patents

PROSECUTION

Basic Number of Pages
N/A
Basic Number of Claims
N/A
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
N/A
Types of Claims
Product-by-process; Omnibus claim allowed provided that features of the omnibus claim can be identified; Swiss claims; Software claims, provided they result in a practical commercial benefit
Invention Specification
N/A
Language of Specification
English
Translation required
Yes
Due date to file the translation
N/A
Power of Attorney (In case of individual applicant, copy of passport is required)
Signed
Deed of Assignment
Signed
Priority Document, with required translation
Copy
Incorporation Certificate, with required translation
Signed
Home / Foreign Registration Certificate, with required translation
Copy
International Search Report (ISR), in case of PCT
No
International Preliminary Examination Report (IPEA), in case of PCT
No
Declaration of Ownership
No
Declaration of Nationality
No
Copy of Inventor's Passport
No
Other Documents
Notice of Entitlement (simply signed) is required to be filed before requesting Examination
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
Request for Formal Examination must be made within 5 years from the (Australian) Filing Date or within 2 months of receiving a Direction to Request Examination, whichever is earlier.
Deadline to File the Reply
6 Months from Date of Exam Report for Innovation Patents (Utility Model)
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
Discretionary - requires proof of Applicant's due care
Time Frame for Issuance of Decision
12 Months
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
Request for Substantive Examination must be made within 5 years from the (Australian) Filing Date or within 2 months of receiving a Direction to Request Examination, whichever is earlier.
Deadline to File the Reply
12 Months from Date of first Exam Report for Standard Patents;
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
Discretionary - requires proof of Applicant's due care
Time Frame for Issuance of Decision
12 Months
Applicability of Examination
Yes
Time of Examination
Pre-Publication
Time Frame from the Date of Application
Request for Expedited Examination must be made within 5 years from the (Australian) Filing Date or within 2 months of receiving a Direction to Request Examination, whichever is earlier.
Deadline to File the Reply
12 Months from Date of first Exam Report for Standard Patents; 6 Months from Date of Exam Report for Innovation Patents (Utility Model)
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
Discretionary - requires proof of Applicant's due care.
Time Frame for Issuance of Decision
12 Months
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
N/A
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
N/A

OPPOSITION

Applicability of Opposition