Request for Examination
Requesting examination for standard patent applications
After submitting the standard patent application you must request examination within 5 years of the filing date. If not, you will receive a direction to request examination around 55 months from your earliest priority date. You must request examination within 6 months of the date of this direction or your application will lapse.
Important: If the direction to request examination is issued on or after 15 April 2013, you will only have 2 months from the date of the direction to request examination or your application will lapse.
Once examination is requested you can normally expect a reply within about 12 months, depending on our workload.
After examination,either an adverse report or a notice of acceptance is mailed. If it is an adverse report, you will have the opportunity to make changes to your application to overcome the objections in the report. Once the objections are overcome, your application will be accepted.
If no response is filed within 21 months from the date of the first adverse report, your complete application will lapse.
Important: If you request examination on or after 15 April 2013, you will only have 12 months from the date of the first adverse report to overcome the objections or your application will lapse.
- Divisional Case Management Frequently Asked Questions [192 KB]
- Divisional Case Management Frequently Asked Questions
Examination and certification of innovation patents
Examination and certification of patents is undertaken by us to ensure your patent meets the requirements of the Patents Act 1990.
To have legally enforceable patent rights, you must request that your innovation patent be examined, and pay the required fee. Alternatively, your competitors can also request examination of your innovation patent (e.g. if they own a patent that might be infringed by your invention). If this is the case, they pay half of the examination fee and you pay the remainder. In either case, if you do not pay your part of the examination fee, then your innovation patent will cease.
During examination you will receive one of two possible replies:
- a notice that your patent has been successfully certified
- an adverse report explaining why your innovation patent does not meet the requirements of the Patents Act 1990
Please note that, if the examination request has been made by a person other than the patentee, that person will receive a copy of each adverse report or notice.
Once your innovation patent is examined and certified you can take legal action on any infringements.
Last Updated: 24/1/2013