How long is the application period for industrial design in Australia?

Submitted by 页之码 on

via Paris Convention : 6 months from earliest priority date.

专利申请流程

  • Filing Language: English

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    Attachments (if any):

    1. Scanned Copy of Certified Priority Document / DAS
    2. Declaration of Ownership/Certification of Employment/Assignment of priority
    3. Assignment for Patent Right Transfer
  • 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.

  • Filing Language: English

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Sequence Listing (PDF format and TXT format)
    2. Microorganism preservation certificate and its English translation
    3. Microorganism Survival Certificate and Its English Translation
    4. Scanned Copy of Certified Priority Document / DAS
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer
    7. Notification issued by CNIPA notify the applicant the application has passed through the security review
    8. translator statement

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entering the Australian national phase 19/28/34/41 Amendments
    4. Sequence Listing (PDF format and TXT format)
    5. Microorganism preservation certificate and its English translation
    6. Microorganism Survival Certificate and Its English Translation
    7. Declaration of Ownership/Certification of Employment/Assignment of priority
    8. Assignment for Patent Right Transfer
    9. translator statement
  • In Australia, the acquisition of patent application for design is divided into two parts: registration and certification. Both of these are required to legally exercise design rights. After IP Australia's 8-week preliminary review of the design, the design patent will obtain a patent certificate. If you want to exercise the design patent right, you must go through 13 weeks of IP Australia's review and reply, and you will be certified after passing.

    • via Paris Convention : 12 months from earliest priority date.
    • via Nationalization of PCT : 31 months from earliest priority date.
  • 20 years, drug patents can apply for protection to 24 years.

  • 4-5 years

  • Acceptance of restoration of priority on grounds of "due care" and "unintentional/due care"

  • 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.

  • 10 years.