PATENT FILING IN AUSTRALIA
We are heading towards an era of technological boom where rise in inventions is taking place exponentially. An enforceable Patent is the key to effective Commercialization/Out-Licensing of any technology. In Australia, out of all the patent applications, approximately 20 percent of patents are being granted and approximately 35 percent lapsing without grant from 2000 to 2014. The remaining applications are pending, which is due to the time it takes from entering national phase in a country till the completion of prosecution. This can take up to five years. While filing of patents, it is essential to have the things correct in one go to save time and any additional cost. GPF along with Khurana and Khurana, Advocates and IP Attorneys (K&K) has tremendous experience in dealing with Patent Filing/Prosecution as per Australian Patent Laws, and can assist you in filing the patents in an efficient and hassle free manner.
- PCT Application Number.
- A Notice of Entitlement, detailing how the applicant obtained rights to the invention from the inventors.
A patent can be filed in Australia as any of the following applications in English:
Paris Convention based national entry.
PCT National Phase based national entry.
Ordinarily publication is done within 18 months of priority date. Early publication can also be performed within 1 month of the request.
Request for examination has to be made within 60 months from the International Filing Date.
When an application is placed in order for acceptance, a notice of the acceptance is issued and acceptance is advertised for a period of 3 months for opposition purposes. An official acceptance fee is payable within 3 months of acceptance of the application.
The patent will be granted if no opposition would be filed within 3-month opposition period.
Annuity for 4’th year onwards is to be paid after grant of the Patent.