Patents

eServices - Patent Applications 

Getting Started

Please Note: Patent Applications are part of a future release of eServices. These services are not currently available within eServices.

The Patent Application forms within eServices contain common features and screens.

Fees are payable (if applicable) at the time you submit the application. You can pay using a Visa or MasterCard only.

Your application number will be included on the acknowledgement screen after you have submitted and paid for your application.

Each application form will contain specific help to assist you in completing the application.

 

 

The status bar lets you know your progess and where you are within the application.
The CANCEL button will let you cancel the application. If you select this your application will not be saved.
The Total Payable area lets you keep track of how much you need to pay. This area is updated based on the services you select.
The NEXT button will take you to the next screen.
The SAVE AS DRAFT button will let you save the application to your local computer at any time.

 

 

Disclaimer: This interactive guide is intended to provide you with a general understanding of the Patent Application forms within eServices. There are fields within the patent application that do not appear in this guide. Any fees shown in this guide are not necessarily representative of the current fees charged by IP Australia. For specific advice about what steps you should take to best protect your IP you should consider contacting an IP professional.

Applicant or Agent Selection

Your reference

You can use the Your reference field to identify and keep track of the application. You can use any combination of letters, numerals or special characters.

You may enter a total of 30 characters (including spaces).

Invention Details

Invention Title

The invention title should be sentence case and can have a maximum of 600 characters.

Inventors

An inventor does not have to be an applicant but they must be an individual. There is no limit to the number of inventors you can list for the application.

Related Applications

Provisional Applications

If you are claiming priority on the basis of an earlier application you will need to provide the Provisional Application number(s).

Divisional Applications

If you are claiming priority on the basis of an earlier application you will need to provide the parent application number(s).

Basic (Convention) Applications

If you are claiming priority on the basis of an earlier basic (convention) application you will need to provide the basic application number(s), filing date and country.

Patent of Addition

If you are applying for a patent of addition you will need to provide the parent application number(s).

Specification

To submit your specification you will need to separate it into parts and attach each part separately.

Unless stated otherwise you can only attach one PDF (.pdf), TIFF (.tif), JPEG (.jpg), PNG (.png), XML (.xml), Text (.txt), DOC (.doc) or DOCX (.docx) file per field. The file cannot exceed a file size of 20MB. The total size of all attachments cannot exceed 100MB.

You should check your files and their contents before you attach them. If your files are incorrect or you have attached the wrong item your filing date may be affected. You will not be able to preview your attachments through eServices.

For more information on image sizes, resolutions and colourspaces, read our Electronic Business Rules

Description and Claims

A complete application must include a description and claims. Other parts of the specification such as drawings can be attached as necessary.

Specification (continued)

Drawings

You can attach more than one file for the Drawings field. You can attach PDF (.pdf), TIFF (.tif), JPEG (.jpg) or PNG (.png) files.

The total size for all attachments in this field cannot exceed 20MB.

If you attach drawings the system will ask you to nominate which drawing you want published with your abstract.

Specification (continued)

Physical media

If you need to lodge physical media in support of the application you will need to advise us. Lodging physical media may also affect the filing date of the application.

Once you have submitted and paid, eServices will create a cover sheet for your physical media. You can access the cover sheet through the acknowledgement screen. You will need to attach the printed cover sheet to your physical media before you send it to us.

Micro-organisms

If your application is in relation to micro-organisms and you have deposited a sample with an international deposit authority, you will need to provide your deposit number(s) and attach a copy of your receipt(s).

If you have multiple receipts you will need to include them in one attachment. You can only attach one PDF (.pdf), TIFF (.tif), JPEG (.jpg), PNG (.png), XML (.xml), Text (.txt), DOC (.doc) or DOCX (.docx) file and cannot exceed 20MB.

Entitlement

Applicants must have permission (entitlement) from the inventor(s). If the applicant is an organisation, they must have entitlement from the inventor (an individual) for the patent.

Additional Requests

As a part of your application you can make an examination request, request a postponement of acceptance or make an amendment request.

Examination request

Full examination - expedited

If you are selecting expedited examination you will need to provide a reason for your request.

Accelerated examination

If you are selecting accelerated examination under the Patent Prosecution Highway (PPH) you will need to select the PPH program your application is under.

You will also need to attach a copy of your PPH request. You can only attach one PDF (.pdf), TIFF (.tif), JPEG (.jpg), PNG (.png), XML (.xml), Text (.txt), DOC (.doc) or DOCX (.docx) file. The file cannot exceed a file size of 20MB.

Additional Requests (continued)

Amendments

If you are making an amendment request you need to provide a finalised version of your specification that includes the changes. You can only attach one PDF (.pdf), TIFF (.tif), JPEG (.jpg), PNG (.png), XML (.xml), Text (.txt), DOC (.doc) or DOCX (.docx) file. The file cannot exceed a file size of 20MB.

Summary

When you have entered the information into the form you will be provided with a summary of the application. You can print the summary for your own records or make changes by selecting the Edit details link.

The summary will show you all the information that you have entered and include the fields that you did not enter any information for.

The summary will show you the file names of all the documents you have attached to your application. You will not be able to preview the attachments.

When you have reviewed the summary screen you will need to click the Proceed to Payment button to pay for the transaction. Once you have paid you will be provided with a screen based official receipt for the transaction. You can print or save the receipt and retain it for your records. You will not be sent a paper receipt in the mail.

Last Updated: 17/12/2012