Acceptance of restoration of priority on grounds of "due care" and "unintentional/due care"
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.
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.
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.
yes
- Grant fee: should be paid within 3 months after receiving the granted notice
- Annuity: From the 5th year from the filing date, the annual fee should be paid before the filing date of each year. If the annual fee is overdue, the payment can be postponed to a grace period of 6 months, but a penalty of AUD 100.00 is required every month
- Licensing Fee: None.
- Annuity: The renewal request must be made within 12 months before the expiration of the registration period. If the annual fee is overdue, the payment can be postponed within a grace period of 6 months, but a late fee of 100.00 Australian dollars will be charged.
not applicable
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
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