Patents service level 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 Intellectual Property (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 per cent 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 per cent 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:

  • search results are correctly communicated and stored
  • written formalities are complete and correct.

Acceptable quality level: 85 per cent of cases conforming to the product quality standard.

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.
  • We will examine and issue a report on your innovation patent within eight weeks of receiving the request for examination or publication.
  • We will examine and issue first reports on applications for standard patents within eight 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 six 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 four 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 four 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 compliance with these commitments, go to our charter reports.

Response times

Working Group

Customer Service Charter (Months)

Average Exam Request to First Report (Months)

CHEM 1 - Biotechnology

12

16.8

CHEM 2 - Chemical Compounds

12

6.4

CHEM 3 - Pharmaceuticals

12

7.1

CHEM 4 - Polymers and Applied Chemistry

12

4.8

CHEM 5 - OPW Chemistry

12

6.8

ELEC 1 - Physics

12

6.2

ELEC 2 - Electronics and Communications

12

6.9

ELEC 3 - Computing

12

8.8

MECH 1 - Mechanical Engineering

12

5

MECH 2 - Construction and Mining

12

3.4

MECH 3 - Process Engineering

12

5.5

MECH 4 - Medical Devices

12

8.1

MXT - Mixed Technology

12

6.7

Patents Group

12

7.1