IP Australia
English: Australian Patent Office, abbreviation: IP Australia
Website: IP Australia | Protect The Value Of Your Ideas
Australian invention patent search: IP Australia: AusPat Quick Search
Acceptance of restoration of priority on grounds of "due care" and "unintentional/due care"
4-5 years
If the patentee, the applicant or its original right holder has a patent disclosure due to the following reasons:
- Inventions are inventions that are exhibited, used, or published at internationally recognized exhibitions. Information on inventions is disclosed at an academy, or published under representatives of an academy. Patents for use of inventions in public make information disclosure.
If the disclosure is caused by a third party, and the disclosure by the third party has not been agreed by the applicant, the patentee or its original right holder
The patent application can enjoy a novelty grace period of 12 months.
- Registration: 2 weeks.
- Certification: 4 months.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
Designs with a filing date after March 10, 2022, where the first disclosure occurs after that date due to:
- Inadvertently making a design public
- Didn't know the design needed to apply for protection before it was disclosed
A design patent application can enjoy a novelty grace period of 12 months.
Filing Language: English Necessary documents:
- Exterior Design Picture (Six Views)
- A Brief Description
Attachments (if any):
- Scanned Copy of Certified Priority Document / DAS
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
not applicable
For innovation patents that have ceased application on August 25, 2021, the innovation patents that have been applied for can still enjoy the corresponding 8-year protection period.
yes