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.
- 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
10 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.
Acceptance of restoration of priority on grounds of "due care" and "unintentional/due care"
Filing Language: English Necessary documents:
- Exterior Design Picture (Six Views)
- A Brief Description
Attachments (if any):
- Scanned Copy of Certified Priority Document / DAS
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- 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.
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.