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Australia

Patents - Filing Requirements


Patent Filing Requirements
  • Names, address, nationalities, and contact details for all patent applicants.
  • Title of the invention.
  • Names, addresses, and nationalities of the inventors.
  • Priority application details (filing number, filing date, and country).
  • Deposit number(s), deposit date(s) concerned if the application relates to a Micro-organism or other biological matter requiring a deposit under the Budapest treaty.
  • Specifications description (in English) and abstract preferably supplied in word files, however PDF files are also acceptable.
  • Claims, preferably supplied in word files, however PDF files are also acceptable. Please note that only 1 independent claim is allowed and up to 4 dependent claims.
  • Specification drawings in a graphical file format (PDF, JPEG, or TIFF).

Notes
  • Late filing of documents: the claims, abstract and drawings are not strictly required at filing, but if there are any materials in these items that were not in substance disclosed in the specification as originally filed in the Australian application then these items will not be permitted to be filed later. It is generally considered a good idea to file these items at the time of filing the application in Australia.

A notice of entitlement must be declared at the time of requesting the examination.

Annuity Requirements
  • No documents are required.

Patent Assignment
  • Copy of the deed of assignment document reflecting the exact name(s) of the current owner(s), the name(s) of the new owner(s), the date of execution, the application/patent number(s) that the assignment relates to, and signatures of all parties.

Patent Merger
  • Copy of the merger agreement document reflecting the exact name(s) of the current owner(s), the name(s) of the new owner(s), the date of execution, the application/patent number(s) that the merger relates to, and signatures of all parties.

Patent Recordal of Change
  • A document proving the ownership or a certificate showing that the company has changed its name.
  • No documents are required for the change of address.

Patent License
  • Copy of the license agreement document, reflecting the exact name(s) of the current owner(s), the name(s) of the new owner(s), the date of execution, the application/patent number(s) that the license relates to, and signatures of all parties.

Patents