申请流程 Application Process Flow
发明专利申请流程 Invention
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
Prior to 2000, the Australian "Patents Act" divided patent rights into three types: standard patents, supplementary patents and petty patents. After November 2000, small patents were changed to innovation patents, but only 20 years later, Australia revised its patent law again, and after August 25, 2021, the protection of this type of patent for innovation patents was cancelled.
numbering system
type
Patent Application No
Authorized patent number
Before November 2000 patent [5-digit application serial number] + [/] + [2-digit or 4-digit AD calendar]
Example: 27224/95
[6-digit serial number] Example: 671575 provisional application 【P】+【any letter】+【4-digit patent application serial number】
Example: PQ8122
Same application number example: 2003100002 After November 2000 Innovation patent 【4-digit AD Year】+【6-digit application serial number】
Example: 2003100002
same application number
Example: 2003262396
patent 【4-digit AD Year】+【6-digit application serial number】
Example: 2003262396
provisional application 【4-digit AD Year】+【6-digit application serial number】
Example: 2013900001
Numbering Rules for Design Patents
year 2004
Before June 17
exterior design [4-digit application serial number] + [2-digit or 4-digit AD date]
Example: 2065/85;0718/2003
【AU】+【-】+【5-digit granted serial number】
Example: AU-S-95448
year 2004
After June 17
[1] + [4-digit application serial number] + [4-digit AD date]
1 indicates that it is a design number that has undergone formality examination, for example: 13112/2004
【AU】+【3】+【5-digit granted serial number】+【S】
Authorization sequence numbers are arranged sequentially from 00001
Filing Language: English | |
via Paris Convention | via Nationalization of PCT |
Necessary documents:
| Necessary documents:
|
Attachments (if any)
| Attachments (if any)
|
20 years, drug patents can apply for protection to 24 years.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
IP Australia conducts formal and substantive examinations for invention patent application. Patent applicants are required to file a request for substantive examination within 5 years from the filing date, or within 2 months after receipt of the notification (whichever expires earlier). If there are any defects 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.
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.
4-5 years
- Grant Fee: Applicant need to pay the grant fee within 3 months after receiving the granted notice.
- Annuity: Annuity should be paid from the 5th year from the filing date, the annual fee should be paid before the filing date of each year. If overdue, the payment can be postponed to a grace period of 6 months, but a penalty of AUD 100.00 is required every month.
Acceptance of restoration of priority on grounds of "due care" and "unintentional/due care".
Yes
No
实用新型申请流程 Utility Model
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.
外观设计申请流程 Design
IP Australia
English: Australian Patent Office, abbreviation: IP Australia
Website: IP Australia | Protect The Value Of Your Ideas
Australian Design Patent Search: IP Australia: AusPat Quick Search
Prior to 2000, the Australian "Patents Act" divided patent rights into three types: standard patents, supplementary patents and petty patents. After November 2000, small patents were changed to innovation patents, but only 20 years later, Australia revised its patent law again, and after August 25, 2021, the protection of this type of patent for innovation patents was cancelled.
numbering system
type
Patent Application No
Authorized patent number
Before November 2000 patent [5-digit application serial number] + [/] + [2-digit or 4-digit AD calendar]
Example: 27224/95
[6-digit serial number] Example: 671575 provisional application 【P】+【any letter】+【4-digit patent application serial number】
Example: PQ8122
Same application number example: 2003100002 After November 2000 Innovation patent 【4-digit AD Year】+【6-digit application serial number】
Example: 2003100002
same application number
Example: 2003262396
patent 【4-digit AD Year】+【6-digit application serial number】
Example: 2003262396
provisional application 【4-digit AD Year】+【6-digit application serial number】
Example: 2013900001
Numbering Rules for Design Patents
year 2004
Before June 17
exterior design [4-digit application serial number] + [2-digit or 4-digit AD date]
Example: 2065/85;0718/2003
【AU】+【-】+【5-digit granted serial number】
Example: AU-S-95448
year 2004
After June 17
[1] + [4-digit application serial number] + [4-digit AD date]
1 indicates that it is a design number that has undergone formality examination, for example: 13112/2004
【AU】+【3】+【5-digit granted serial number】+【S】
Authorization sequence numbers are arranged sequentially from 00001
Filing Language: English |
Necessary documents:
|
Attachments (if any):
|
10 years
via Paris Convention : 6 months from earliest priority date.
In Australia, there are two different procedures for the acquirement of the design patent right: 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 Letters Patent. If the applicant wants to implement the design patent right, he must file the request for substantive examination of 13 weeks by IP Australia's and response to OA, and a certified will be issued until pass through the examination.
Not applicable
- Grant 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 penalty of 100.00 Australian dollars will be paid.
- Procedure for Registration: 2 weeks.
- Procedure for Certification: 4 months.
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.
Then a design patent application can enjoy a novelty grace period of 12 months.
No
Yes
Yes. It is allowed to include multiple designs in one design application.
套餐价格(官费和服务费) / Package fee
Get exact prices For the country / regionE-mail: mail@yezhimaip.com |
消息与资讯 Information
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