What are the requirements for Australian design application documents

Submitted by 页之码 on
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

专利申请流程

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

  • yes

    • Registration: 2 weeks.
    • Certification: 4 months.
  • 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

  • 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.

  • 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 : 6 months from earliest priority date.

  • 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