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:

  1. a complete specification in English, including a title, description, claims, drawings/sequences if any, and an abstract
  2. the name(s) and address(es) of the applicant(s)
  3. the country, filing date and official number of the priority application(s)
  4. 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:

  1. information in English that indicates that what is filed is intended to be an application for a patent,
  2. information that allows the identity of the applicant to be established or allows the applicant to be contacted by the Patent Office, and
  3. 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.

See also: