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Australian National Phase Entry and Convention Patent Applications

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 practice 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

PCT number and details of the applicant(s) and inventor(s)
Copy of the front page of the published pamphlet
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 online, please provide a copy with your instructions. No documents need to be signed by the applicant, and a power of attorney is not required for lodging the national phase entry in Australia.

Requirements for Filing Convention Patent Applications in Australia

Convention details, including the priority date, priority number, and applicant details
Copy of the convention specification, with any drawings
Details of the applicant(s) and inventors(s) of the Australian application

No documents need to be signed by the applicant, and no power of attorney is required for filing a convention application in Australia.

Requirements for Design Registration

1. A set of representations showing the design from several angles, such as perspective, plan from above, side view, other side view, and plan from below.
2. Details of the applicant(s) and designer(s)
3. Details of any Convention claim, including priority date, number, and applicant(s) details
4. An indication of whether the whole design is new or whether there are particular aspects that are new.

No documents need to be signed by the applicant, and no power of attorney is required for filing a design application in Australia.
Australian Design and Convention Design Applications

Australian designs need to be “new and distinctive” at the time of filing or the priority date. 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 it has been examined and certified as valid. You may want to consider recommending design registration in Australia to your clients as a quick and cost-effective way of protecting the appearance of an article. Design protection, of course, only relates to the appearance of an article, not its function. However, it is a useful tool to use in concert with Patent protection.
Requirements for filing Trade Mark Applications in Australia

1. A copy of the mark, and if a logo, a clear copy, preferably in electronic format.
2. Details of the applicant(s)
3. Details of any Convention claim, including priority date, number, and goods and services.
4. Goods and services, or if you would like us to draft the goods and services details of the nature of your client’s business

No documents need to be signed by the applicant, and a power of attorney is not required for filing a Trade Mark application in Australia.
Power of Attorney

We do not require a Power of Attorney to act for your clients in Australia. An Australian Patent Attorney can generally execute all the necessary documents for filing and prosecuting a Trade Mark, Patent, or design. Some actions, such as assignment documents, do still require signatures of the inventors or applicants. We can advise you in this regard if and when the situation arises.
Madrid Trade Marks designating Australia

Let us assist your clients in registration in Australia. We will utilise all our knowledge and experience to advise you on your client’s options in the event of a potential barrier to registration.
Searches

We can provide you and your clients with search results and corresponding advice, such as due diligence, number or owner searches for Patents, Trade Marks or designs, freedom to-use searches, infringement and validity searches, use-of-Trade mark searches in Australia as required. Please contact us for a cost estimate.
Australian Renewals, Annuities or Maintenance Fees

We offer competitive rates for renewals for Patents, Trade Marks, and designs. Please contact us with your specific requirements, and we will provide you with a cost estimate, along with any available special discounts. Discounts are available for instructions of multiple cases made at the same time.
Australian & Convention Trade Mark Applications

Australian Trade Mark applications are substantively examined in Australia for both absolute and relative barriers to registration. Multi-class applications are allowable, as are service classes in accordance with the Nice classification. We would be happy to assist you in achieving a Trade Mark registration in Australia. Contact us for a cost estimate or for a copy of our cost and information sheets.

Madrid Trade Marks designating Australia

Let us assist your clients in registration in Australia. We will utilise all our knowledge and experience to advise you on your client’s options in the event of a potential barrier to registration.
Searches

We can provide you and your clients with search results and corresponding advice, such as due diligence, number or owner searches for Patents, Trade Marks or designs, freedom to-use searches, infringement and validity searches, use-of-Trade Mark searches in Australia as required. Please contact us for a cost estimate.
Australian Renewals, Annuities or Maintenance Fees

We offer competitive rates for renewals for Patents, Trade Marks, and designs. Please contact us with your specific requirements, and we will provide you with a cost estimate, along with any available special discounts. Discounts are available for instructions of multiple cases made at the same time.
Australian Design and Convention Design Applications

Australian designs need to be “new and distinctive” at the time of filing or the priority date. 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 it has been examined and certified as valid. You may want to consider recommending design registration in Australia to your clients as a quick and cost-effective way of protecting the appearance of an article. Design protection, of course, only relates to the appearance of an article, not its function. However, it is a useful tool to use in concert with Patent protection.
Requirements for Design Registration

1. A set of representations showing the design from several angles, such as perspective, plan from above, side view, other side view, and plan from below.
2. Details of the applicant(s) and designer(s)
3. Details of any Convention claim, including priority date, number, and applicant(s) details
4. An indication of whether the whole design is new or whether there are particular aspects that are new.

No documents need to be signed by the applicant, and no power of attorney is required for filing a design application in Australia.
Australian & Convention Trade Mark Applications

Australian Trade Mark applications are substantively examined in Australia for both absolute and relative barriers to registration. Multi-class applications are allowable, as are service classes in accordance with the Nice classification. We would be happy to assist you in achieving a Trade Mark registration in Australia. Contact us for a cost estimate or for a copy of our cost and information sheets.
Requirements for filing Trade Mark Applications in Australia

1. A copy of the mark, and if a logo, a clear copy, preferably in electronic format.
2. Details of the applicant(s)
3. Details of any Convention claim, including priority date, number, and goods and services.
4. Goods and services, or if you would like us to draft the goods and services details of the nature of your client’s business

No documents need to be signed by the applicant, and a power of attorney is not required for filing a Trade Mark application in Australia.
Power of Attorney

We do not require a Power of Attorney to act for your clients in Australia. An Australian Patent Attorney can generally execute all the necessary documents for filing and prosecuting a Trade Mark, Patent, or design. Some actions, such as assignment documents, do still require signatures of the inventors or applicants. We can advise you in this regard if and when the situation arises.

Patent Costs

How much does a Patent cost?

Typically, an Australian Patent costs from A$8,000 from filing through to grant over several years. The cost depends on the complexity of the invention and the prior art or other objections raised during examination. Patents in other countries cost similar or more, but considerable savings can be made using the PCT international Patent application. Please refer to our Patents section or contact us for additional information.

Trade Mark Costs

How much does a Trade Mark registration cost?

Typically, registration of an Australian Trade Mark costs from A$3,800 from filing through to acceptance and registration over a year or so. If there are lots of classes of goods and services or numerous citations or other objections are raised during examination, the cost may be greater than a more straightforward, single-class application. Trade Mark applications in other countries cost similar to or more than those in Australia, but savings can be made using the Madrid international Patent application if multiple countries are of interest. Refer to our Trade Marks section or contact us for further information.

Design Registration Costs

How much does a design registration cost?

Typically, an Australian design registration costs from A$1,500 from filing through to registration and first 5 years, excluding examination and preparation of the formal drawings. The cost of registering designs overseas is variable depending on the nature of the right obtained, for example. Please refer to our Designs section or contact us for more details.

Please contact us for our cost sheets. If you have a specific enquiry, we will be happy to provide you with a cost estimate, along with any available discounts.

Key Links

Essential Links for Your Intellectual Property Needs

Access a comprehensive range of links designed to streamline your intellectual property applications. From patents to trade marks and design registrations, we provide the tools you need for effective protection.

Government Commercialisation information
and grants
www.commercialisationaustralia.gov.au

Australian Copyright Council
www.copyright.org.au

Standards Australia
www.standards.org.au
USA Patent & Trade Marks Office
www.uspto.gov

European Patent Office
www.epo.org

World Intellectual Property Office
www.wipo.int

PATENTSCOPE TM World IP Office Database
www.wipo.int/patentscope/en/
Australian Patent, Trade Mark & Designs Office
www.ipaustralia.gov.au

Institute of Patent & Trade Mark Attorneys of Australia
www.ipta.org.au

Professional Standards Board Australia
www.psb.gov.au

Government Commercialisation information
and grants
www.commercialisationaustralia.gov.au

Australian Copyright Council
www.copyright.org.au

Standards Australia
www.standards.org.au
USA Patent & Trade Marks Office
www.uspto.gov

European Patent Office
www.epo.org

World Intellectual Property Office
www.wipo.int

PATENTSCOPE TM World IP Office Database

www.wipo.int/patentscope/en/
Australian Patent, Trade Mark & Designs Office
www.ipaustralia.gov.au

Institute of Patent & Trade Mark Attorneys of Australia
www.ipta.org.au

Professional Standards Board Australia
www.psb.gov.au

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