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FAQ

PCT/Paris Route Entering Into Australia

In Australian Patent Law, “invention-creations” include Patent and Design.

“Patent” means any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. Once granted, it can last as long as 20 years.

“Design” means any new, original and ornamental design for an article of manufacture. Once granted, it can last as long as 10 years.

The applicant should enter Australia by PCT national phase within 31 months, or by Paris Convention Route within 12 months from the priority date.

The Reasons to Choose Australia:

Effective Patent Right Protection

Reasonable Application and Maintenance Fees

Patent Prosecution Highway (PPH) which Provides Accelerated Patent Prosecution Procedures with the Support of Australian Patent Office

Filing to Grant Procedure for Patent

STEP 1:

FILING

Filing National Application (PCT Route/Paris Convention Route);

STEP 2:

PRELIMINARY EXAMIANTION

Preliminary Examination By The Office;

STEP 3:

PUBLICATION

Publication Of The Patent (Within 18 Months After Application);

STEP 4:

SUBSTANTIVE EXAMIANTION

Request for Substantive Examination (Within 60 Months from the Priority Date);

STEP 5:

GRANT

Issuance Of Patent Certificate (Taking Around 4 to 5 Years After Application).

Documents

Required

Full name, address and nationality of Applicant(s)

Full name and address of Inventor(s)

PCT Application Number if it’s PCT National Phase, Else Original Patent Application Information is Required.

Frequently Asked Questions:

When should I file the PCT national entry into Australia? icon icon
  • You’d better enter Australia by PCT national phase within 31 months.
What’s the requirement of language for the patent application? icon icon
  • English version of abstract, claims, specification, drawings (when explanatory text is included).
When should I request the substantive examination? icon icon
  • Within 60 months from the priority date.
Is it hard to get it granted in Australia and how long will it takes? icon icon
  • It is easy to get it granted in Australia and it will take around 4 to 5 years after application. As long as the PCT international application has at least one claim of novelty and inventiveness in the search report and written opinion issued by the international search authority, you can request for PPH which means that you are very likely to get a patent certificate in Australia.
Does Australia accept PPH to accelerate the examination? icon icon
  • Yes. By request for PPH, it only takes around 1 year from filing to grant.

Brief Introduction of PPH in Australia

Patent Prosecution Highway(PPH) is a mechanism to facilitate expedited examination of applicants. Australia has established PPH cooperation with most major economies. And the PPH request is only applicable to patent application in Australia.

PPH has two main advantages. For one thing, the PPH application will greatly shorten the pending period for the patent to be substantially examined by the examiner. Normally, the first office action(if any) will be issued within 2 months after the PPH request has been accepted, comparing with 12 to 18 months of pending period for the general application after requesting for substantive examination. For another, the authorization rate is higher than the general application.

If the PCT application has received a positive written opinion or an international preliminary examination report of patentability at the international phase, the applicant can file a PCT-PPH request to the Patent Office at the same time when we request for the substantive examination at the national phase. Else if you’ve chosen Paris Convention Route to enter into the national phase, General-PPH may be requested if you can provide the Office Actions, Responses to those Office Actions and Grant Notice(if any) of the Priority Patent.

In brief, you don’t need to decide whether to apply PPH in Australia or not until you request for the substantive examination. You can leave this matter behind because we will notify you in time.

Estimated Cost for Filing a Patent

Description
Price (USD)
Attorney Fee
950
Govt Fee*
275
Total
1,225
Get Started
*

Govt fee will be charged later since we need to check the claims and specification of your PCT Application/Original Patent Application in case there’s any additional govt fee according to the Patent Office rules.