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Australian National Phase Entry

Filing Requirements

  • Deadline to file - 31 months from the earliest priority date.

  • The PCT application number or publication number.

  • If the specification of the PCT application was not filed in English

    • an English translation of the specification as originally filed; and

    • an English translation of any Article 19/34 amendments.

  • No excess claim fees payable at filing.

  • No forms are required to be signed by the applicant(s) or inventor(s).

  • A certified copy of the priority application(s) is not required.

  • A Request for Examination can be made at filing, which can be a Standard, Expedited or Patent Prosecution Highway Request. Official Fees are the same.

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Direction to Request Examination 

  • Normally issues 9 -15 months after the (PCT) filing date.

  • A Request for Examination can be filed at anytime before the Direction to Request Examination issues.

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Request for Examination 

  • Deadline to Request Examination - 2 months from the issue date of the Direction to Requst Examination or 5 years from the filing date, whichevever is earlier.

  • A Request for Examination can be a Standard, Expedited or Patent Prosecution Highway Request. Official Fees are the same.

  • Claim numbers should be considered when making a Request for Examination because if a first examination report issues and there are more than 20 claims, excess claims fees are payable for each claim over 20.​

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Examination 

  • Deadline to Obtain Acceptance (Allowance) - 12 months from the issue date of the first Examination Report.

  • NB. THE DEADLINE IS NOT A RESPONSE DEADLINE. Sufficient time should be provided for the examiner to consider a response. 

  • A divisional (continuation) patent application is required to extend prosecution.

  •  Excess claims fees are payable for each claim over 20.

  • There is a 1-month deadline from the issue date of the examination report to pay the excess claim fees, or the application will lapse.

  • ​US or European allowed claims are generally considered favourably by Australian Examiners.

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Acceptance (Allowance)

  • Deadline to Pay Acceptance Fees - 3 months from the publication date of Acceptance.

  • Excess claims fees are payable for each claim over 20 that have not previously been paid.

  • A third party may oppose the application within 3 months from the publication date of Acceptance.

  • A divisional application with claims that are outside the scope of the accepted claims may be filed within 3 months from the publication date of Acceptance.

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Grant

  • If the acceptance fees have been paid and no opposition is filed, an electronic Deed of Letters will normally be issued approximately 1 to 2 months after the opposition period ends.

  • Renewal Fees are payable from the fourth anniversary of the (PCT) filing date.

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Australian Convention Patent Application

Filing Requirements

  • Deadline to file - 12 months from the earliest priority date.

  • A copy of the specification in English.

  • No excess claim fees payable at filing.

  • No forms are required to be signed by the applicant(s) or inventor(s).

  • A certified copy of the priority application(s) is not required.

  • A Request for Examination can be made at filing, which can be a Standard, Expedited or Patent Prosecution Highway Request. Official Fees are the same.

​

 

Direction to Request Examination 

  • Normally issues 24 -36 months after the filing date.

  • A Request for Examination can be filed at anytime before the Direction to Request Examination issues.

​

 

Request for Examination 

  • Deadline to Request Examination - 2 months from the issue date of the Direction to Requst Examination or 5 years from the filing date, whichevever is earlier.

  • A Request for Examination can be a Standard, Expedited or Patent Prosecution Highway Request. Official Fees are the same.

  • Claim numbers should be considered when making a Request for Examination because if a first examination report issues and there are more than 20 claims, excess claims fees are payable for each claim over 20.​

​

 

Examination 

  • Deadline to Obtain Acceptance (Allowance) - 12 months from the issue date of the first Examination Report.

  • NB. THE DEADLINE IS NOT A RESPONSE DEADLINE. Sufficient time should be provided for the examiner to consider a response. 

  • A divisional (continuation) patent application is required to extend prosecution.

  •  Excess claims fees are payable for each claim over 20.

  • There is a 1-month deadline from the issue date of the examination report to pay the excess claim fees, or the application will lapse.

  • ​US or European allowed claims are generally considered favourably by Australian Examiners.

​

 

Acceptance (Allowance)

  • Deadline to Pay Acceptance Fees - 3 months from the publication date of Acceptance.

  • Excess claims fees are payable for each claim over 20 that have not previously been paid.

  • A third party may oppose the application within 3 months from the publication date of Acceptance.

  • A divisional application with claims that are outside the scope of the accepted claims may be filed within 3 months from the publication date of Acceptance.

​

 

Grant

  • If the accepatance fees have been paid and no opposition is filed, an electronic  Deed of Letters will normally issue approximately 1 to 2 months after the opposition period ends.

  • Renewal Fees are payable from the fourth anniversary of the (PCT) filing date.

​

Australian Non-Convention Patent Application

Filing Requirements​

  • A copy of the specification in English.

  • No excess claim fees payable at filing.

  • No forms are required to be signed by the applicant(s) or inventor(s).

  • A Request for Examination can be made at filing, which can be a Standard, Expedited or Patent Prosecution Highway Request. Official Fees are the same.

​

 

Direction to Request Examination 

  • Normally, issues automatically 24 -36 months after the filing date.

  • A Request for Examination can be filed at anytime before the Direction to Request Examination issues.

​

 

Request for Examination 

  • Deadline to Request Examination - 2 months from the issue date of the Direction to Requst Examination or 5 years from the (PCT) filing date, whichevever is earlier.

  • A Request for Examination can be a Standard, Expedited or Patent Prosecution Highway Request. Official Fees are the same.

  • Claim numbers should be considered when making a Request for Examination because if a first examination report issues and there are more than 20 claims, excess claims fees are payable for each claim over 20.​

​

 

Examination 

  • Deadline to Obtain Acceptance (Allowance) - 12 months from the issue date of the Examination Report.

  • NB. THE DEADLINE IS NOT A RESPONSE DEADLINE. Sufficient time should be provided for the examiner to consider a response. 

  • A divisional (continuation) patent application is required to extend prosecution.

  •  Excess claims fees are payable for each claim over 20.

  • There is a 1-month deadline from the issue date of the examination report to pay the excess claim fees, or the application will lapse.

  • ​US or European allowed claims are generally considered favourably by Australian Examiners.

​

 

Acceptance (Allowance)

  • Deadline to Pay Acceptance Fees - 3 months from the publication date of Acceptance.

  • Excess claims fees are payable for each claim over 20 that have not previously been paid.

  • A third party may oppose the application within 3 months from the publication date of Acceptance.

  • A divisional application with claims that are outside the scope of the accepted claims may be filed within 3 months from the publication date of Acceptance.

​

 

Grant

  • If the accepatance fees have been paid and no opposition is filed, an electronic  Deed of Letters will normally issue approximately 1 to 2 months after the opposition period ends.

  • Renewal Fees are payable from the fourth anniversary of the (PCT) filing date.

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