Patents service level commitments

Product quality standard 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:

  • a 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 per cent of cases conforming to the product quality standard.

Product quality standard 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.

Product quality standard 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 per cent of cases conforming to the product quality standard.

Registration and examination standard

  • 85% of applications for standard patents will be examined and a first report issued within 12 months of receiving the request for examination.
  • 85% of innovation patents will be examined and a first report issued within eight weeks of receiving the request for examination or publication.
  • 85% of applications for standard patents will be examined and a first report issued within eight weeks of receiving a request for expedited examination.
  • 85% of international search reports will be issued within 10 weeks of receiving the search copy of the international application unless the application is for more than one invention.
  • 85% of international-type search reports for patents will be issued 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.
  • 85% of correspondence relating to the examination of your application will be responded to within 20 working days of receipt of correspondence.
  • 85% of standard patents will be granted within four weeks after the opposition period has expired, provided no one has opposed the application and any applicable fees have been paid.
  • 85% of innovation patents will be granted, provided you have paid the fee and complied with the formalities, within four weeks of the application being lodged

Hearing decision standard

  • 85% of decisions will be issued within 13 weeks of being heard, unless we receive further submissions or evidence.