Acceptance of restoration of priority on grounds of "due care" and "unintentional/due care"
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.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
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.
yes
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.
- 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.
yes
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.
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