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Australian Law Information

Australian Law Information

Absolute novelty
Australian patent law applies a standard of absolute novelty to patent applications filed in Australia. Any disclosure anywhere in the world, whether by acts or by documentary publication, before the priority date of the claim under consideration can destroy the novelty of a claim.

Grace period
Australian patent law allows a 12 month grace period in respect of disclosures by the Applicant. The grace period excuses disclosures by the Applicant carried out within 12 months prior to the date of filing a complete application. However the grace period has limited effect and should only be relied on as a last resort.

Innovation patents
Australian patent law provides for innovation patents, which are a ‘second tier’ form of patent protection requiring a lower level of inventiveness than a standard patent, but having a maximum term of 8 years rather than the 20 years of a standard patent.  Innovation patents can be particularly useful for taking action against potential infringers, since they are generally robust against validity challenges.

Filing Requirements

FILING REQUIREMENTS FOR PATENT APPLICATIONS IN AUSTRALIA

National Phase Entry

  1. Copy of published international application (PCT pamphlet).
  2. Copy of International Preliminary Examination Report together with any amendments.
  3. Where the invention resides in a microorganism, a copy of Form PCT/RO/134 or a copy of the deposit receipt relied upon for the full description.
  4. If the international application is not in English, a translation into English together with a certificate of verified translation is required.

We can execute all forms and no forms need to be signed by the Applicant.

Urgent National Phase Entry

  1. Front page of published international application identifying applicant and international application details, or sufficient information to reliably identify the international application.
  2. If the international application is not in English, a verified translation into English is required as above.

Convention Applications

  1. Applicant’s name and address.
  2. Inventors’ names.
  3. Priority details including country, application number and date of filing.
  4. English language copy of patent specification.

We can execute all forms and no forms need to be signed by the Applicant.

FILING REQUIREMENTS FOR TRADE MARK APPLICATIONS IN AUSTRALIA

  1. Applicant’s name and address.
  2. Trade mark details including electronic copy of a device in jpeg or tiff format.
  3. Statement of Goods/Services.
  4. Priority details if the application is a Convention Application.

We can execute all forms and no forms need to be signed by the Applicant.

FILING REQUIREMENTS FOR DESIGN APPLICATIONS IN AUSTRALIA

  1.  Applicant’s name and address.
  2.  Design details including representations and designers’ names.
  3. Details of any visual features that should be emphasised (or de-emphasised)..
  4. Priority details if the application is a Convention Application.

We can execute all forms and no forms need to be signed by the Applicant.

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