What is the overall term required for filing a patent application in Australia?
To claim a priority date for a provisional application, one must apply for a (standard or innovation) patent or apply a Patent Cooperation Treaty (PCT) application within a year of filing the provisional application.
What are the types of patents granted in Australia?
What is the duration of standard and innovation patents in Australia?
A standard patent offers long-term protection for an invention, lasting up to 20 years from the date of filing an application or almost 25 years for pharmaceutical constituents. While innovation patents offer protection for inventions with a short market life that may be replaced by newer innovations.
How can you request for examination of a standard Australian patent application?
You need to request for examination of your standard patent application within five years of filing. IP Australia generally directs you to request examination after four years. It is mandatory to request examination within two months of this date or within 5 years of application filing (whichever is the earliest date). If you fail to request examination on time, the application will lapse.
What is the difference between an innovation patent and a standard patent?
An innovation patent offers protection for inventions with a short market life that may be replaced by newer innovations and lasts up to 8 years. It takes almost one month for grant and six months for examination (on request). A standard patent, on the other hand, provides long-term protection for an invention, lasting up to 20 years from the date of filing or nearly 25 years for pharmaceuticals. It takes up six months to several years to process a standard patent (depending on the situations).