Australia Flashcards
What are the types of patents and their terms?
Standard patent - 20 years
Patent of addition - term limited to parent
Is there a grace period?
Yes - 1 year
Reasons: any disclosure by the applicant or an abusive disclosure.
What is the examination process?
Substantive examination must be requested within 5 years of filing or within 2 months from an invitation to do so.
First examination report sets a 12 month compliance period. Examination reports and responses will be filed back and forth in this time, but individual examination reports will not have deadlines. The only deadline is the 12 month compliance period, which cannot be extended.
Acceptance fee must be paid within 3 months of notice of allowance. Grant is 3-6 months after that.
Are there excess claim fees?
Excess claim fees due on claims over 20. Payable on acceptance.
When are renewal fees due?
5th anniversary of filing onwards
Grace period of 6 months with additional fee.
A continuation fee is also due on the 5th anniversary of filing.
30 or 31 months for national phase entry?
31
Are business methods, computer programs and methods of treatment patentable?
Yes, they all are.
Are MDCs allowed?
Yes.
What must be done on national phase entry?
File address of service and pay NP entry fee.
What is the restoration of priority criterion?
Unintentional.
