Australian convention application deadline and filing requirements
See also patent protection for Australians
Australia applies the 12 month Paris Convention deadline.
To pursue an Australian convention application we will require:
- a complete specification in English, including a title, description, claims, drawings/sequences if any, and an abstract
- the name(s) and address(es) of the applicant(s)
- the country, filing date and official number of the priority application(s)
- the name(s) of the inventor(s).
A Power of Attorney is not required.
We recommend 1 to 4 (above) be filed by the 12 month deadline, although it is possible to late file information. Australia has generous minimum filing requirements allowing for a filing date to be established by filing:
- information in English that indicates that what is filed is intended to be an application for a patent,
- information that allows the identity of the applicant to be established or allows the applicant to be contacted by the Patent Office, and
- information that appears to be a description.
The description may be a reference, in English, to an earlier patent application filed in Australia or in a convention country, which earlier patent application may not be in English.
The minimum filing requirements are defined by Regulation 3.5 of the Patent Regulations 1991.