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Patents |
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Requirements |
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Filing Requirements for Patent Applications |
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1. A copy of the specification (description, claims, abstract of the disclosure, and drawings if any) in English, typed or printed with reasonable clarity. |
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2. The name and address of the applicant, together with the number(s), place(s), and date(s) of the basic application(s) if convention priority is claimed. |
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3. The application form can be completed by an Australian patent attorney, as can the Notice of Entitlement form. |
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4. A certified copy of the basic application(s) and Notice of Entitlement form can be filed later. |
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5. If it is not possible to transmit a specification and/or drawings in time, as a last resort, a Convention Application with a temporary specification which identifies the invention by reference to the particulars of the basic application can be filed. |
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Examination: Examination can be initiated at the request of the applicant by voluntary request within 5 years of the Australian filing, or within 6 months of the receipt of a direction to do so from the Commissioner of Patents, whichever first occurs. |
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Innovation Patent applications: the requirements for filing an application is the same as the requirements mentioned in points (1-5), but only 5 claims are permitted. |
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National phase of PCT Applications |
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1. At least identifying particulars of the PCT application are required to proceed into the National Phase. |
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2. A certified English translation, if necessary, should also be provided before the deadline, 31 months after the priority date. |
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3. A certified English translation of the basic application may be requested by the Patent Office. |
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