FOR IP PROFESSIONALS

Patents service level commitments

Patent Product Quality Commitments

Patent Product Quality Standards Tier 1

Product Quality Standards that relate to matters which would adversely affect (or have the potential to affect) the validity of the IP Right.

  • Correct search procedure is adopted for all searches
  • All relevant objections/considerations which would adversely affect (or have the potential to affect) the validity of the patent are taken

Acceptable Quality Level

93.5% of cases conforming to the Product Quality Standard

Patent Product Quality Standards Tier 2

Product Quality Standards that relate to matters which would require a considerable amount of rework and/or inconvenience to the applicant or IP Australia.

  • All other important objections/considerations are taken
  • The report/opinion is free of invalid objections/considerations
  • All reports and opinions are comprehensive and informative

Acceptable Quality Level

90% of cases conforming to the Product Quality Standard

Patent Product Quality Standards Tier 3

Product Quality Standards that relate to other important procedures required by the Patents Manual of Practice and Procedure.

  • Search results are correctly communicated and stored
  • Written formalities are complete and correct

Acceptable Quality Level

85% of cases conforming to the Product Quality Standard

Patent Service Level Commitment

Patent Registration and Examination Standard

  • We will examine and issue first reports on applications for standard patents within 12 months* of receiving the request for examination.

*For the period 1 July 2014 to 31 December 2014, We will examine and issue first reports on applications for standard patents within 16 months of receiving the request for examination.

  • We will examine and issue a report on your innovation patent within 8 weeks of the latest of receiving the request for examination or publication.*
    * Please note this was amended in September 2014 from: 'We will examine and issue a report on your innovation patent within 6 weeks of receiving the request for examination or the patent being granted'.
  • We will examine and issue first reports on applications for standard patents within 8 weeks of receiving a request for expedited examination.
  • We will issue international search reports within 10 weeks of receiving the search copy of the international application unless the application is for more than one invention.
  • We will issue international-type search reports for patents within 6 weeks of receiving the request for the search, unless the search request covers more than one invention, or we ask you to supply a written search statement
  • We will respond to correspondence relating to the examination of your application within 20 working days of receiving the correspondence.
  • We will grant your standard patent within 4 weeks after the opposition period has expired, provided no one has opposed the application and any applicable fees have been paid.
  • We will grant your innovation patent, provided you have paid the fee and complied with the formalities, within 4 weeks of the application being lodged.

Patent Hearing Standard

  • We will issue our decision within 12 weeks of holding a hearing, unless we receive further submissions or evidence.

For our current compliance with these commitments, go to our Charter Reports.

More patents statistics are available at our IP Statistics page.

Last Updated: 02/10/2014

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