Australian patent applications

From national phase entry or convention filing to grant and beyond

See also patent protection for Australians

Australia applies the 12 month convention priority deadline and the 31 month PCT national phase deadline.

• Australian convention application deadline and filing requirements
• Australian national phase entry deadline and filing requirements

After filing or national phase entry, typically about 16 months after, the Patent Office will issue a direction to request examination. The direction opens a two month window in which examination must be requested. Typically an examination report will issue within about 12 months of requesting examination. Optionally, examination can be requested prior to the issuance of a direction.

The Examiner’s objections (if any) must be overcome within 12 months of the first examination report – i.e. this is not merely a response deadline. This 12 month period can in effect be extended by filing a divisional patent application.

Once the Examiner’s objections have been overcome, the application will be accepted (allowed) and the acceptance will be officially advertised. An important deadline follows three months after the advertisement. Until then:

• others may oppose the grant of patent on the application; and/or
• a divisional patent application may be filed.

In the absence of opposition, a patent will typically be granted on the application shortly after the end of the opposition period.

Annuities commence on the fourth anniversary of the filing date, which is the fourth anniversary of the international filing date in the case of a national phase application.