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.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 31 months from earliest priority date.
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.
- 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"
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
4-5 years
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.
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
via Paris Convention : 6 months from earliest priority date.