Filing requirements for patents

Davies Collison Cave can help you with the often complex filing process for Australian patent applications. The types of information required to file a patent application will depend upon whether your application is for:

1. a patent application first made in Australia
2. the Australian (or ‘national’) phase of an international application
3. a direct filing under the Paris Convention

Patent applications first made in Australia

Davies Collison Cave will require the following information to file an Australian patent application for you:

• details of the priority claim(s) and the applicant and inventors, including their names and addresses;
• a patent specification which fully discloses and describes the invention.

A Notice of Entitlement, detailing how the applicant obtained rights to the invention from the inventors and the right to claim priority from the applicant/s of the listed priority application/s, can be prepared and signed by us after the application is filed.

The Australian phase of an international PCT application

Timing considerations

The deadline for entry into the Australian national phase is 31 months from the earliest priority date claimed. This deadline can sometimes be extended, but not as a matter of right.

Required information

• If the originating PCT application is in English, we simply require the details of the PCT application, such as the application or publication number.
• If the originating application is not in English, we also require a verified translation of the specification, including any Article 19 and 34 amendments.

A Notice of Entitlement, detailing how the applicant obtained rights to the invention from the inventors and the right to claim priority from the applicant/s of the listed priority application/s, can be prepared and signed by us after the application is filed.

Direct filings under the Paris Convention

Complete applications under the Paris Convention must be filed within 12 months of the earlier, overseas application.

In order to complete the application we will require:

1. details of the applicant, inventors and priority claims,
2. an English language specification detailing the invention
3. a certified copy of the priority documents, though these can be lodged later
4. verified translations of priority documents may also be requested by the Patent Office.

A Notice of Entitlement, detailing how the applicant obtained rights to the invention from the inventors and the right to claim priority from the applicant/s of the listed priority application/s, can be prepared and signed by us after the application is filed.

Have a question? We have answers.

Patent filing and application procedures can be complex, and the consequences of poor drafting or timing can be significant. Davies Collison Cave is Australia’s largest and most experienced patent attorney firm, with over 100 years of experience filing over 100,000 patent applications. We can help safeguard the integrity of your intellectual property. Get in touch with our patent attorneys to find out how »