Australia Chapter of Global Patent GO——Introduction to Patent Application in Australia

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Diverse Australia


In the science fiction novel "The Three-Body Problem", 4.2 billion human beings were gathered from the five continents to Australia by the Trisolarans to carry out the extinction plan and make the final kill on human beings. Indeed, a lonely continent of 7.6 million square kilometers, surrounded by the sea, geographically speaking, this is an absolutely isolated place, which is perfect as a prison. In fact, during the 80 years from 1788 to 1868, Australia was indeed the place where the British Empire chose to exile prisoners. It was not until 1901, after more than a hundred years of people's development, that a federal country was finally formed. After two centuries of development, immigrants of various races and nationalities from all over the world have developed Australia into a country with the 10th largest GDP in the world and the 14th largest economy in the world.

Australia is one of the world's top ten exporters of agricultural products and one of the six largest exporters of mineral resources. The financial industry is extremely developed, and the market value of the four major banks exceeds the sum of all national banks in the euro zone. He has made great contributions to the world in the fields of energy utilization, biomedicine and chemistry. As the birthplace of nuclear fusion, Australia has the only nuclear fusion research laboratory in the southern hemisphere. Melbourne is the first city in the world to use solar power to supply urban traffic lights and store solar energy to supply street lamp power. It also has advanced pollution-free cultivation and breeding environment , and lead the world in marine biotechnology. Australia has maintained economic growth for 25 consecutive years and is the most innovative economy in the world. In 2015, it replaced Sweden as the first country in the GCI. Its information and communication technology capabilities cover electronic medical and biomedicine, software, communications, and development. , mining and equipment technology, financial technology products, agtech, renewable energy and advanced manufacturing processes across multiple industries. In 2015, the Australian federal government launched the "National Innovation and Science Plan", investing 36 million Australian dollars to implement a global innovation strategy, aiming to support start-ups established in Australia and ready to enter the market to go global. Australia has more than 500 patents in the field of smart artificial polymers, such as printable plastic solar cells, motor oil additives and super contact lenses.

As a pro-British and American country, the relationship between Australia and China has always been developing in twists and turns. However, the highly complementary economic relationship between China and Australia and the solid foundation of economic ties have not affected the trade between the two countries much. In 2020, the bilateral trade volume between China and Australia is 168.32 billion US dollars, and China has become Australia's largest trading partner. The main export products are: Chinese mechanical and electrical products, computers, clothing, textiles, etc. In addition, China and Australia have carried out a large number of multi-field and multidisciplinary cooperation, including Baosteel-Australia Joint Research and Development Center, ANU-Fenghua Cooperative Research and Development Center, Australia-China Joint Energy Research Center, Australia-China Joint Wheat Improvement Center, Australia-China Joint Minerals , Metallurgy and Materials Research Center, Australian Nuclear Science and Technology Organization (ANSTO)-Shanghai Institute of Applied Physics (SINAP), Chinese Academy of Sciences Joint Materials Research Center, etc.

As a country that invented wifi technology and thus harvested the patent royalties of all electrical and telecommunications companies in the world, Australia has always attached great importance to the application and application of patents. Only the underlying technology patent of the wireless local area network standard of wifi, Australia was before the patent expired in 2013. Harvested $430 million. Australia has a large number of patent applications in the fields of pharmaceuticals, electronic communications and solar energy. Companies operating in Australia can receive very comprehensive intellectual property protection, so they can invest in research and development, transfer technology and develop new products with confidence. In addition, a large number of patent applications from the United States, China, Japan, Germany, and the United Kingdom land in Australia every year. In 2020, China's OPPO will become the number one applicant for invention patents in Australia.


An overview of patents in Australia


1. Types of patent protection in Australia

Inventions, Designs. (Applications for innovation patents similar to utility models in my country have ceased on August 25, 2021, but innovation patents submitted before this date will continue to be valid until the 8-year protection period expires)

2. Paths for Chinese applicants to apply for patents in Australia

Paris Convention, via Nationalization of PCT to enter the Australian national phase, direct application.

3. Review unit

The Australian Intellectual Property Office, IP Australia, was established in 1904 and is affiliated to the Australian Federal Department of Industry, Tourism and Resources, with the goal of "creating an efficient and smooth global intellectual property system for the Australian people, promoting innovation, investment and international competition" , consists of 7 departments, operating independently, with a total of 1169 employees.

4. Submit your application

1) Deadline requirements: IP Australia accepts priority restoration. If the deadline is missed due to errors, omissions, uncontrollable factors, or due attention is paid but the deadline is still missed, the rights can be restored after the relevant obstacles are removed.

2) Submit application: paper or electronic submission. On August 24, 2021, IP Australia launched a new online service platform. Users can log in with their existing eService account information, try new digital services and simplified procedures, and gain a new patent application experience. (https://portal.ipaustralia.gov.au/login)

3) Filing Language: English.

5. Formal examination, publication and granted

The patent application is published 18 months after the patent application date/priority date, and the patent applicant must file a substantive examination request no later than the 5th year from the application date/priority date, and the first examination opinion notice of IP Australia is issued on average The time is 209 days. If it is not authorized within 12 months after receiving the first office action, the patent application will become invalid. Patent applications that meet the granted conditions can be authorized. Applicants can still make amendments to the patent after it has been granted.

Australia does not protect partial appearance, but allows Claim of novelty and distinctiveness to describe a characteristic shape on a product as a design feature.

Advantages of filing an Australian patent

1. Australian patents have a grace period of 12 months without loss of novelty.

2. Australia has high-quality patent examination, strong protection, relatively short review period, relatively low patent application and maintenance costs, and is deeply recognized by many large international companies.

3. Australian standard patents are granted to a wide range of objects. Chinese applicants may consider adding eligible computer software, business methods, and disease treatment and targeted methods to Australian patent applications to obtain a broader scope of protection.

4. The abolition of innovation patents in Australia will break the monopoly of innovation by large companies, so that small and medium-sized enterprises can obtain more patent protection, which is beneficial to small and medium-sized enterprises to obtain more profits.

Friendliness to Chinese applicants:

★★★★★

Gold content of patent rights:

★★★★★

The degree of perfection of the rights protection mechanism:

★★★★★