How long does it take for an Australian invention patent application to be granted?

Submitted by 页之码 on

4-5 years

专利申请流程

  • 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.

  • yes

  • 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.

    • Registration: 2 weeks.
    • Certification: 4 months.
  • Acceptance of restoration of priority on grounds of "due care" and "unintentional/due care"

    • 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.
  • 4-5 years

  • 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.

  • via Paris Convention : 6 months from earliest priority date.

  • 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