Standard Patent Application

• Standard Patent Application

  The term of a standard patent is 20 years, commencing on the date of filing of the complete application. This term may be extended for pharmaceutical substances which meet specific requirements.

  Examination

  After the complete application is filed, the application will be examined by a Patent Examiner at the Australian Patent Office.
  During examination the Patent Examiner will conduct appropriate novelty searches and examine the application for compliance with the Patents Act and Regulations.

  If objections are raised by the Examiner, the applicant is allowed 21 months to overcome the objections and place the application in a condition for acceptance. Amendments in response to the Examiner’s objections may be submitted, but no new subject matter may be claimed.

• Acceptance

  Once the application is accepted by the Patent Office, the acceptance is advertised in the Official Journal of Patents. Any person may oppose the grant of a patent on the application by filing a Notice of Opposition within three months of the advertisement of acceptance. The majority of patent applications proceed to grant unopposed.

  Opposition by Third Party

  If an opposition is filed, both the applicant and the opponent are given an opportunity to lodge evidence, and the matter is then heard by a delegate of the Commissioner of Patents. If there is no opposition or if the opposition is unsuccessful, a patent will be granted on the application upon payment of an acceptance fee.

  Maintenance of Patent

  To maintain a granted patent or keep a patent application in force it is necessary to pay annual fees which can be one of two types: 1. Continuation fees during the application phase – none are payable for the first five years after filing the complete application 2. Renewal fees after the patent has been granted.

• Australian Standard Application

  

• Please click on the links below for further information

  Innovation Patents

  International Patents

  NZ Patent Filing Requirements

  Patent Searches

  Patents in Australia

  Provisional Patent Applications

  Standard Patent Application