Australian patent application




Release time:2016-05-12

1.Summary of Australian patent applications:  

1,Australia is bound by the Paris Convention. A patent applicant must file an Australian patent application within 12 months from the priority date, and according to Chapter 1 or 2 of the Patent Cooperation Treaty (PCT), the applicant The period of entry into the national phase is 31 months from the priority date.

2,Australia has an absolute novelty requirement for patent applications. Australia has a 12-month grace period for a patent application: that is, the disclosure of the invention by the applicant within 12 months before the filing date of the non-provisional application (or PCT international filing date) designating the applicant country as Australia does not affect the novelty or inventiveness of the Australian application.

3,A proxy is not required to apply for a patent in Australia.


2.Australian Patents

Australian patents include standard patents, innovation patents and designs. Broadly speaking, these three types are similar to Chinese invention, utility model and design patents. Under the Australian Patents Act, any invention of a device, article, method or procedure that is novel, innovative and industrially useful is eligible for patent protection.

(1)Australian Standard PatentsStandard patents have the strongest and most effective protection, and Australia has an early disclosure and deferred review system for standard patent applications.

(2)Australian Innovation Patents: Innovation patents have a lower patentability threshold than standard patents, apply to inventions that have a short life cycle, or may be obvious for existing technology, and are a way of protection for small and medium-sized enterprises to obtain patent rights at a lower cost, which can be authorized after formal examination.

(3)Australian Design Patents: 10 years from the date of application, and renew the registration once when the registration expires for 5 years. Similarly, no substantive review is required.


3.Australian Patent Process

standard patentProcessAs follows:

1. Official acceptance 1-2 weeks after application. Standard patents have the strongest and most effective protection, usually for two and a half to three years.

2. The period of validity after approval is 4 years, and the annual fee will be paid in the fifth year. The protection period is up to 20 years (up to 25 years for medicine).


Innovation patentThe process is as follows:

1. Application process: 1-2 weeks after the application is officially accepted and authorized within three months.

2. Innovation patent is a supplementary form of invention with insufficient creativity, similar to utility model patent; innovation patent application does not need substantive examination, can be authorized after formal examination, but can not be used as a legal basis against third parties. At the request of the patentee or a third party, substantive examination may be carried out, and the innovation patent that meets the patentability requirements after examination shall have the same legal effect as the standard patent.

3. The validity period after approval is 3 years, and the annual fee will be paid in the third year, which is valid for 8 years.


Appearance designApplication Process:

1. Under Australia's Designs Act 2003, Australia has a post-registration review system for design applications, with substantive review proceedings only at the request of the applicant or a third party.

2. The applicant shall file a request for registration or publicity within six months from the date of filing (priority date), otherwise it shall be deemed to have abandoned it. If an application for registration is made, a certificate of registration will be issued after the form is examined and qualified. If only a public request is made, it will be published after passing the form review, but the applicant does not have any rights and can only make the same application of a third party lose its novelty.

3. After the registered design has passed the substantive examination, it is announced again, and its rights can fully enjoy the corresponding rights.


4.Australian patent applications need to prepare materials:

Australian Innovation Patents and Standard Patents

Required Documents:

1. Patent specification (translation required)

2,Name and address of applicant and inventor (in Chinese and English)

3,Priority Document


Australian Appearance Patents

Required documents: 1. Appearance six-sided figure 2. Names and addresses of applicants and designers (in Chinese and English)