Information for Associates - Standard Filing Requirements

Minimum Requirements

• A copy of a specification, claims and drawings (in English);
• Name and address of the applicant;
• Details of basic application if convention priority is claimed;
• Patent request form (can be signed by an Australian Patent Attorney)

Additional Requirements

• Notice of Entitlement (can be signed by an Australian Patent Attorney);
• Certified copy of the basic application if requested;
• Certified English translation of basic application (if applicable);
• Appointment of Agent if requested

A patent application can be filed on the day instructions are received providing the minimum requirements are supplied.

Subject Matter
The claims of a standard patent may be for products, processes or methods in any field of endeavor. The only statutory exclusions are “human beings and biological processes for their generation, are not patentable inventions”. To be valid, the claims must be in respect of subject matter which is novel and involves an inventive step.

Novelty
Not made known to the public in any publication in a document or through use anywhere in the World.

Examination
Examination must be requested within 5 years of the application date but may be requested voluntarily by the applicant at any time. If a Direction to Request Examination is issued by the Commissioner of Patents, it must be satisfied within 6 months.

Opposition
Acceptance of a patent application is published for oppositions purposes. A period of 3 months is allowed for interested persons to oppose grant of the patent.

Renewal
Annual Continuation fees are payable on a standard patent application commencing from the fifth anniversary of its filing. Once granted, annual renewal fees are payable for the life of the patent. The maximum term of a standard patent is 20 years. There are no provisions for extension of term beyond 20 years, except for pharmaceuticals which may be granted an extension of up to 5 years.

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