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.
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
yes. It is allowed to include multiple designs in one design application.
no
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.
- 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.
Acceptance of restoration of priority on grounds of "due care" and "unintentional/due care"
via Paris Convention : 6 months from earliest priority date.
4-5 years