Filing Requirements for Patent Applications

1. A copy of the specification (description, claims, abstract of the disclosure, and drawings if any) in English, typed or printed with reasonable clarity.

2. The name and address of the applicant, together with the number(s), place(s), and date(s) of the basic application(s) if convention priority is claimed.

3. The application form can be completed by an Australian patent attorney, as can the Notice of Entitlement form.

4. A certified copy of the basic application(s) and Notice of Entitlement form can be filed later.

5. If it is not possible to transmit a specification and/or drawings in time, as a last resort, a Convention Application with a temporary specification which identifies the invention by reference to the particulars of the basic application can be filed.

Examination: Examination can be initiated at the request of the applicant by voluntary request within 5 years of the Australian filing, or within 6 months of the receipt of a direction to do so from the Commissioner of Patents, whichever first occurs.

Innovation Patent applications: the requirements for filing an application is the same as the requirements mentioned in points (1-5), but only 5 claims are permitted.


National phase of PCT Applications

1. At least identifying particulars of the PCT application are required to proceed into the National Phase.

2. A certified English translation, if necessary, should also be provided before the deadline, 31 months after the priority date.

3. A certified English translation of the basic application may be requested by the Patent Office.