Patents | Australia | Filing Requirements

Applicant's Details

• the full legal name and address of each person, company or other legal entity in whose name the application is to be made (note the applicant does not have to be an inventor and in that case the applicant must have legal entitlement to the invention);
• the Australian company number (ACN), or the Australian registered body number (ARBN), if relevant for any company that is an applicant;
• in the case of an applicant that is a foreign legal entity we will require the name of the country and or the state under whose laws the legal entity was created by incorporation or other.

Inventor's Details

• the full legal name and address of each person who is an inventor (ie each person that materially contributed to the invention);
• an inventor can only be a natural person.

Patent Specification and Drawings

• a copy of the patent specification in English including drawings (if any);
• the specification preferably in Microsoft word format;
• the drawings preferably in .dwg format or PDF format;
• alternatively sufficient detail about the invention for us to prepare a patent specification and drawings in accordance with the following guidelines.

Guidelines

• please please provide a full description of how the invention works and is used, including simple drawings which may help us understand the invention;
• if the description includes terms of the art please provide a brief explanation of the terms/jargon;
• please provide a set of good quality drawings to accompany your full description (without borders, titles, dimensions or any text) presented on A4 paper and/or presented as an electronic copy for reproduction or further manipulation (preferably in a *.dwg format or *.pdfsamspco format);
• please answer the following questions as best you can and while some of the information may be self-evident from the information you provide in your full description your answers may be of further assistance;

1. why was the invention developed?
2. is the invention a product/device or a method/process?
3. what prior art is the most similar to the invention? Please provide any references or pictures/drawings or any other information that you may have about the prior art.
4. does the invention overcome specific problems with or in the prior art? If so what problem(s) does it overcome and what features in the invention provide that/those advantage(s)?
5. does the invention provide other advantages over the prior art? If so, what feature(s) in the invention provide those other advantages?
6. which features do you consider to be the potentially most commercially valuable important aspects of the invention?
7. in a sentence describe the technical field the invention belongs to? For example ‘the invention relates to a new method of making plastic pipes’ or ‘the invention relates to a paint additive to help the paint dry quicker when applied to a surface’.
8. is the invention fully developed or some further development needs to be completed? If so please specify what further developments need to be completed or are likely to be undertaken.

Power of Attorney

• An executed power of attorney is not required.

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Complete Application for a Standard Patent | No Priority

The same filing requirements as a Provisional Application as provided above apply, plus:

Claims, Abstract

• a copy of the claims in English to accompany the patent specification;
• the claims preferably in Microsoft word format;
• alternatively sufficient detail about the invention for us to prepare suitable claims in accordance with the guidelines provided above.

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Complete Application for a Standard Patent | Claiming Priority | Convention or Associated Provisional

The same filing requirements as a Complete Application for a Standard Patent | No Priority as provided above apply, plus:

Filing Time Limits

• The time limit to file the application and validly claim priority from an eligible first application is +12 months from the filing date of the first application.

Foreign Priority Documents

• A certified copy of the foreign priority document if requested by the patent office.

English Translations

• A verified English translation of the priority document if requested by the patent office.

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Complete Application for a Standard Patent | Claiming Priority | Convention or Associated Provisional

The same filing requirements as a Complete Application for a Standard Patent | No Priority as provided above apply, plus:

Filing Time Limits

• The time limit to file the application and validly claim priority from an eligible first application is +12 months from the filing date of the first application.

Foreign Priority Documents

• A certified copy of the foreign priority document if requested by the patent office.

English Translations

• A verified English translation of the priority document if requested by the patent office.

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PCT Application

The same filing requirements as a Complete Application for a Standard Patent | Priority Claim as provided above taking into account the following eligibility criteria

Eligibility to File

• A PCT application can only be filed through the Australian patent office by Australian nationals or residents;
• Non-Australian residents can file a PCT application through our office with the PCT international bureau however non-Australian resident applicants must be a resident or national of a PCT contracting State.

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