IP Australia conducts formal and substantive examinations of patent applications for inventions. Patent applicants are required to submit a substantive examination request within 5 years from the filing date, or within 2 months after the official notification of submitting a request for examination (whichever expires earlier). If there are any problems in the examination, the patent applicant has 12 months to solve them. If the defects cannot be overcome, the patent application will be invalid. If no opposition occurs within the 3-month opposition period, the patent application will be granted.
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
no
- Registration: 2 weeks.
- Certification: 4 months.
10 years.
yes
Acceptance of restoration of priority on grounds of "due care" and "unintentional/due care"
4-5 years
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
via Paris Convention : 6 months from earliest priority date.