AUSTRALIAN PATENT, DESIGN AND TRADE MARK APPLICATIONS

Australian Patent

Australia is a member of the International Patent Convention and of the PCT.

The filing of a PCT National Phase application in Australia costs, on average, about US$ 3 500.00 (as of January 2008). Sometime thereafter, substantive examination must be requested at a cost of about US$ 1000.00. If the Examiner objects to some or all of the claims, prosecution costs of at least US$ 1 500.00 can be expected. Should the Examiner accept the application, publication and grant costs of about US$ 1500.00 will be payable.

Please click on the title “Foreign Filings and the PCT” for general information on foreign patent filings.

Australian Design

Australia is a member of the Paris Convention for the Protection of Industrial Property.

The Australian design is defined as the overall appearance of a product resulting from one or more visual features of the product, including the shape, configuration, pattern and ornamentation of the product but excluding the feel of the product, the materials used in the product, an indefinite dimension of the product and, if the product has one or more indefinite dimensions and a pattern that repeats itself, more than one repeat of the pattern. The definition also includes a visual feature which supports a functional purpose.

The requirement for an Australian design is that it must be new and distinctive. A design is considered new if it is not identical to a design made available to the public before the application of the design. A design is considered distinctive if it is not substantially similar in overall impression to a design available to the public before application for protection.

At application the design is only subject to preliminary examination as to compliance with formal requirements.

The duration of the Australian design is ten years, subject to renewal at the five year mark after application thereof.

For more information about Australian design applications, please contact us via the “contact us” link.

Please click on the title “Foreign Design applications” for general information on foreign design applications

Australian Trademark

Australia is a member of the Paris Convention under which any resident of a Convention country is entitled to claim the priority date of a first application made in a convention country as that of any subsequent application in any other Convention country within a 6 month period. Australia is also a member of the Madrid Protocol for the international registration of marks.

An Australian trademark is defined as a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person.

Following the filing of an application for an Australian trademark, it is subjected to formal examination as to form only, whereafter the application is published with a 3 month opposition period. If no opposition is made, the mark will be registered.

The duration of the Australian trademark is ten years from date of filing the application, indefinitely renewable for ten year periods.

For more information on the individual countries, please select an appropriate country from the pull-down “Select a region” list at the top left hand side of this page or return to our home page and select a country using the interactive map of the world.