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Filing in Australia from Overseas

Filing in Australia from Overseas

Filing in Australia from Overseas - Griffith Hack

Filing Requirements

Australian applications can be convention applications, non-convention applications or national phase (PCT) applications.
Convention applications must be filed within 12 months of the priority date of the earliest basic application.
For PCT applications, the deadline for entering the national phase in Australia is 31 months from the earliest priority date.

Convention or Non-Convention Applications

In order to file a convention or non-convention application, we require the following:

Specification (in English) comprising:

title
description (2 copies)
claims (2 copies)
drawings on letter quality A4 paper (2 copies)
abstract (2 copies)
Full name(s) and address(es) of the applicant(s).
Full name(s) of the inventor(s).
Details of the assignment or other transfer of rights in the invention from the inventor(s) to the applicant(s).

If the application claims convention priority we also require:

Details of the country(ies), application date(s), applicant(s) and application number(s) of the basic application(s); the earliest must be included.
If the applicant is not the applicant of the basic application(s): details of how the applicant became entitled to claim priority from the basic application.

However, in an emergency, we can secure an effective filing date for a Convention application with only the country, number and date of the basic application, the title of the invention and the broadest claim.

National Phase (PCT) Applications

In order to file a National Phase (PCT) Application, we require the following:

A verified English translation of the specification if the published PCT application is not in English. (see suitable verification of translation to be signed by translator to accompany the English translation
Copy of published PCT pamphlet
Copy of PCT request
Copy of International Search Report
Copy of International Preliminary Report on Patentability (chapter 1 & 2)
Copy of Articles 19 & 34 amendments
Details of the assignment or other transfer of rights in the invention from the inventor(s) to the applicant(s).
If the applicant is not the applicant of the basic application(s): details of how the applicant became entitled to claim priority of the basic application(s).

However, in an emergency, we can enter the national phase with only the number of the PCT application.

Forms

No forms need to be signed by the applicant(s) or the inventor(s) in order to file an Australian patent application. We can prepare and file all necessary forms on behalf of the applicant(s) provided we are given the information referred to above.

Please contact one of our listed people on the right for further information.

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