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.
no
10 years.
via Paris Convention : 6 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.
Acceptance of restoration of priority on grounds of "due care" and "unintentional/due care"
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
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
yes