We have extensive experience in filing national phase and Convention patent applications in Australia, and elsewhere. A senior patent attorney will carefully consider your application from filing through to grant and advise you accordingly with respect to the law and practise in Australia as required. Patentability requirements in Australia are similar to those of other first world countries including a "universal" novelty standard. If you have specific questions on patentable subject matter or otherwise please contact us.
REQUIREMENTS FOR FILING NATIONAL PHASE ENTRY
1. PCT number and details of the applicant(s) and inventor(s)
2. Copy of front page of published pamphlet
3. Details of any amendments made during prosecution including a copy of any amended pages.
If any documents, such as the published pamphlet, international search report or international examination report are not yet available on-line please let us have a copy with your instructions.
No documents need be signed by the applicant and no power of attorney is required for lodgement of the national phase entry in Australia.
REQUIREMENTS FOR FILING CONVENTION PATENT APPLICATION IN AUSTRALIA
1. Convention details including the priority date, priority number and applicant details
2. Copy of the convention specification, with any drawings
3. Details of the applicant(s) and inventors(s) of the Australian application
No documents need be signed by the applicant and no power of attorney is required for filing a convention application in Australia.
AUSTRALIAN DESIGN APPLICATIONS & AUSTRALIAN CONVENTION DESIGN APPLICATIONS
Australian designs need to be "new and distinctive" at the time of filing or the priority date. The Designs Act 2003 raised the bar of distinctiveness required for design registration and drastically changed the prosecution process. Design applications are registered following a formalities check; substantive examination occurs post registration and only at the request of the owner or a third party. A design registration can only be enforced after being examined and certificated as valid. You may like to consider recommending design registration in Australia to your clients as a quick, and extremely economic way of protecting the look of an article. Design protection, of course, only relates to the look and overall appearance of an article, not its function. However, it is a useful tool to use in concert with patent protection.