Overseas associates are valued collaborators serving inspired innovators

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PROCEDURAL DETAILS

In-depth Australian IP procedures

Filing requirements, examination and post-grant procedure for Australian patents, registered designs and trade marks.
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Australian patent procedure
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Australian design procedure
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Australian trade mark procedure
AUSTRALIAN PATENTS overview
TREATY BASIS
PCT, Paris Convention
Filing Route
PCT national phase entry or direct/Convention filing
gRACE PERIOD
Yes—12 months before the filing date
Examination
Substantive, must be requested
Term
20 years from filing
RENEWAL
Annually from the fourth anniversary of filing
OPPOSITION
Pre-grant, following acceptance
LOCAL AGENT
Required (address for service)
Further details
AUSTRALIAN DESIGNS overview
TREATY BASIS
Paris Convention, NOT a party to Hague Convention
Filing Route
Direct/Convention filing only
gRACE PERIOD
Yes—12 months from priority date
Examination
Substantive examination optional though mandatory before enforcement
Term
10 years from filing
RENEWAL
Once at mid-term (fifth year anniversary)
OPPOSITION
None though third party invalidation post-registration available
LOCAL AGENT
Required (address for service)
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Further details
AUSTRALIAN TRADE MARKS overview
TREATY BASIS
Paris Convention, Madrid
Filing Route
Direct/Convention filing or Madrid designation
Examination
Substantive, inherent and relative grounds
Term
Indefinite subject to renewal
RENEWAL
Every ten years
OPPOSITION
Pre-registration, following acceptance
LOCAL AGENT
Required (address for service)
Further details
OVERSEAS ASSOCIATES FAQ
Overseas associates FAQ
Does IP Australia require a Power of Attorney?
Can a foreign company hold IP rights directly in Australia?
What is an 'address for service' and why is it needed?
How are government fees and our professional fees invoiced?
Are extensions of time available if a deadline is at risk?
What's required to claim priority from an earlier application?
Is all correspondence conducted in English?
Does Australia have a grace period for prior disclosures?
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A boutique IP practice for software-first founders and the investors who fund them.
BALLARAT · MELBOURNE · SYDNEY · BRISBANE
EXPERTISE
Software patentsStartup IP strategyPortfolio building
OVERSEAS ASSOCIATES
Australian patent procedureAustralian design procedureAustralian trade mark procedure
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